The Lahore High Court has delivered a poignant and firm judgment in a child custody battle, setting aside biological claims in favor of the emotional bond forged through years of upbringing. The court ordered the return of a 13-year-old boy to his adoptive parents, overturning a lower court’s ruling.
Justice Faisal Zaman Khan issued an 8-page verdict on the petition filed by Arshad Ali, stressing that the child’s wish and psychological well-being must remain paramount in custody matters, citing relevant Supreme Court precedent.
The court noted that the boy unequivocally expressed his desire to remain with his adoptive parents. Even after spending a week with his biological family under a court directive to gauge his comfort, he chose the people who had raised him for the past nine years.
The judgment explained that while biological parents generally have the primary right, the circumstances here were exceptional. The biological parents had willingly handed the infant to the father’s brother (the adoptive father) at birth. The court observed that exposing the 13-year-old to the sudden truth, that his life was a lie, was likened to “dropping a bomb” on him, which would be detrimental to his mental health.
The court further expressed concern over the biological father’s domestic situation, noting he has three wives and thirteen children. Sending the child to such a large and sudden shift in environment was deemed inappropriate. The court concluded that the biological parents failed to prove the adoption was temporary and that the case was rooted in a family dispute rather than the child’s actual welfare. The court granted the biological parents the right to approach the Guardian Court for visitation.
