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A former aunt by marriage cannot keep a child from the real mother

Mst. Nayyab Abbas v. Additional District Judge, etc. Lahore High Court W.P. No. 54172 of 2024 2025 LHC 4155; 2025 CLC 1761 Decided Justice Hassan Nawaz Makhdoom (Lahore)

Judgment at a glance

Legal issue
Can a woman who raised a child under an 'adoption deed' made in favour of her then husband, the child's uncle, keep custody against the child's real mother after her own divorce?
Decision
No. The father had handed the child to the uncle under an 'adoption deed' of 7 November 2020 without the mother's consent, and the deed was in the uncle's favour alone; the uncle, now divorced from the petitioner, conceded the mother's claim, as did the father. The petitioner had no blood relationship with the child and her link through marriage had ended. Welfare under sections 17 and 25 is the test, real parents have a preferential right, and the mother's right of hizanat comes first unless extremely exceptional circumstances exist, which were not shown; a young child's attachment to a carer does not defeat a parent's claim. The concurrent decisions giving custody to the mother were upheld and the petition dismissed.
Key principle
Biological parentage, and particularly the mother's right of hizanat, is prioritised in custody disputes unless extremely exceptional circumstances exist; a carer with no blood relationship, whose link to the child came through a dissolved marriage, cannot keep custody against the real parents on the strength of an informal 'adoption deed' or emotional attachment.
Outcome
Dismissed
Relevant law
Guardians and Wards Act 1890, s.17; Guardians and Wards Act 1890, s.25; Constitution of Pakistan 1973, Art. 199
Why it matters
  • Emotional bonds formed while caring for a child do not override a parent's claim without exceptional reasons.
  • An informal 'adoption deed' does not transfer custody rights against a parent who did not consent.
  • Relatives holding a child informally should expect the parents to recover custody.

Cite as: Mst. Nayyab Abbas v. Additional District Judge, etc., 2025 LHC 4155, 2025 CLC 1761, Lahore High Court, W.P. No. 54172 of 2024, decided 15 May 2025

Case details

Case
Mst. Nayyab Abbas v. Additional District Judge, etc.
Bench
Justice Hassan Nawaz Makhdoom (Lahore)
Date of decision
Case number
W.P. No. 54172 of 2024
Citation
2025 LHC 4155; 2025 CLC 1761
Outcome
Dismissed
Statutes considered
Guardians and Wards Act 1890, s.17; Guardians and Wards Act 1890, s.25; Constitution of Pakistan 1973, Art. 199

Sources

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How this summary was made
Summary from the full judgment
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Note on the text
The child, the youngest of three daughters, was about seven. The uncle (a first cousin of the father) and the petitioner were childless; they divorced in 2021 and the petitioner kept the child. The mother applied under section 25 on 6 November 2021; the Guardian Judge, Lahore allowed it on 4 July 2024 and the Additional District Judge dismissed the appeal on 10 August 2024. The Court distinguished Miss Fauzia Iqbal v. Farhat Jahan (PLD 2015 Lahore 401) and relied on 1991 SCMR 19. The decision date shown is the date of hearing (15 May 2025); no separate announcement date is recorded. Approved for reporting. Short summary checked against the judgment.
Cite this summary
PK-Legal & Associates, "A former aunt by marriage cannot keep a child from the real mother", summary of Mst. Nayyab Abbas v. Additional District Judge, etc., 2025 LHC 4155, 2025 CLC 1761, Lahore High Court, W.P. No. 54172 of 2024, decided 15 May 2025, https://pklegal.org/judgments/lhc-2025-4155-custody-blood-relation/ (reviewed 3 November 2026).