Custody of Child is a post separation or post divorce issue, when a married couple gets separated via divorce,Khula or by way of dissolution of marriage by way of Mubaraat (Mutual consent).
The court handles this issue with keeping the childs benefit at priority and these cases in Pakistan are heard by a Guardian Judge, who bears the powers of a magistrate Under section 100 of criminal procedure code, for the recovery of child if he has been removed from the custody of a legal guardian.
In Pakistan the judges considers the child of 7 years and below 7 years suitable for custody of mother if the child is a boy. And in the case of child which is a girl, the suitable age is the age of puberty. But this condition veries in extra ordinary cases. The custody is the matter where the court always considers the banift of ward.
These cases are mostly decided within 3 months and the court awards the title of legal guardian to one who is in the benefit of child.
ADVOCATE ARSLAN ABID