The Lahore High Court (LHC) ordered that a 13-year-old remain with his adoptive parents instead of being handed over to his biological parents.
Justice Faisal Zaman Khan issued an eight-page judgment on Arshad Ali’s petition, overturning the trial court’s decision that had directed the child be handed over to adoptive parents.
The court emphasized that in custody cases, the child’s wishes and mental well-being take priority.
According to the judgment, the child initially expressed a desire to stay with his adoptive parents. When placed with the biological parents for a week, the child again requested to return to the adoptive family.
The court noted that while biological parents generally have a preferential right in custody cases, the child was voluntarily given to a relative at birth and has been raised by them since nine years. The child is now 13-years-old.
The judgment also mentioned that the biological father has three marriages and 13 children.
The court found it unsuitable to place the child in such a large family and noted that the parents failed to prove the child was not properly cared for.
The court stated that the child had lived with the couple for nine years without complaint. Sending the child out of the blue to an unfamiliar environment would not serve the child’s best interest.
The judgment highlighted the child’s emotional struggle upon learning that his six sisters and one brother were not biological siblings and concluded that the custody dispute stemmed from family conflict rather than the child’s welfare.
The court also clarified that biological parents can seek supervised visitation through the Guardian Court.









