- Boy, now 13, told court he wishes to remain with adoptive parents.
- Judge questions wellbeing of the child if sent to unfamiliar family.
- Child spent nine years with adoptive parents before legal dispute.
LAHORE: The Lahore High Court (LHC) has handed over the custody of a 13-year-old boy to his adoptive parents, ruling that a child’s preference and emotional well-being must be given primary consideration.
LHC’s Justice Faisal Zaman Khan issued the detailed verdict on a petition filed by Arshad Ali, who adopted the child when he was hardly six months old from his brother, but was later asked to return his custody after nine years.
The LHC overturned the trial court’s decision that had ordered that the custody of the child be given back to his biological parents.
After the earlier hearing, the LHC temporarily sent the child with his biological parents for one week, but upon returning to court, he again expressed his wish to stay with the adoptive parents, the judgment read.
Justice Khan ruled that the biological parents themselves had voluntarily handed the child over to the petitioner. The boy had lived with his adoptive parents for nine years without any complaints from the biological parents.
“One fine morning, the minor has been bombarded with the news that he is not the child of the petitioners (adoptive parents) and is in fact an offspring of respondent Nos. 3 and 4 (biological parents),” the judgment read.
Justice Khan in his judgment added, “Imagine the plight, the state of mind and the emotion distress of the minor who has been living with the family consisting of mother, father and 6 sisters and a brother (foster family) considering them to be his actual family, that they are not related to him and is actually the child of respondent No.3 and 4 having 13 brothers and sisters (actual family).”
The LHC maintained that the biological father had married thrice and had 13 children, ruling that sending the boy into such a large household would not be suitable for his emotional stability.
“Another aspect which has been ignored by the courts (trial courts) below is that respondent No.4 is a multi-married man having 13 children out of three marriages,” the judgment read, and, “would it be safe to send the minor to such a big family who are all alien to him.”
The judgment said that even though biological parents generally hold the first right to custody, each case must be assessed through the lens of the child’s welfare. Citing a Supreme Court precedent, the judge noted that the child’s opinion carries significant weight in determining custody.
