# Does a son go to his father the day he turns seven? The Supreme Court said no. > The mother's right of custody (hizanat) of a son is usually said to last until he is seven, but the Supreme Court held that rule is not absolute. The child's welfare comes first, and a mother's second marriage cannot, on its own, take her child away. - Topic: Family - Court: Supreme Court of Pakistan - Citation: PLD 2024 SC 629 - The myth: "At seven, the son goes to his father automatically." Verdict: Wrong. - Watch: https://failegal.site/media/hizanat (video https://failegal.site/media/hizanat/reel.mp4, 0:54) - Published by FAI Legal on 2026-10-10 After a divorce, many families believe custody of a boy passes to his father automatically on his seventh birthday, and that a mother who marries again loses her children. This matters to divorced or separated mothers and fathers, and to anyone advising a family in a custody case. ## Key points - Section 17(1) of the Guardians and Wards Act 1890: in appointing or declaring a guardian, the court "shall ... be guided by what, consistently with the law to which the minor is subject, appears in the circumstances to be for the welfare of the minor". - Section 17(3): "If the minor is old enough to form an intelligent preference, the Court may consider that preference." - The Supreme Court in PLD 2024 SC 629: the rule that a mother's hizanat of a son lasts till seven is not absolute; the child's welfare is the paramount consideration. - A mother's second marriage "cannot become a stand-alone reason to disqualify her" from custody. ## The rule in one line Custody is decided by what is best for the child, not by a birthday. Age matters, and so does a mother's remarriage, but neither decides the case on its own. The court looks at the whole picture, and may hear the child if he is old enough. ## What happened in this case The parents were divorced on 22 November 2016. On 28 January 2017 the father applied to the Guardian Judge under s.25 of the Guardians and Wards Act for custody of their son. On 30 June 2021, when the boy was eight, the Guardian Judge gave custody to the father. The Supreme Court later noted that "the petitioner's second marriage and the age of the minor were the two factors" behind that decision (paragraph 4). The mother's appeal was dismissed on 20 June 2022, and the Lahore High Court dismissed her petition on 21 September 2022. ## What the Supreme Court said The Supreme Court decided the mother's appeal on 6 March 2023; the judgment is reported as PLD 2024 SC 629. The Court accepted that a mother has hizanat of a son till he is seven, but held that this rule "is not absolute". The welfare of the child is "the paramount and overarching consideration" (paragraph 5). On the second marriage, the Court held that it "cannot become a stand-alone reason to disqualify her" (paragraph 5). The boy told the Court that his father "was no more than a stranger" to him (paragraph 8). The appeal was allowed, and custody was to be retained by the mother (paragraph 10). ## Money is not a reason either A mother who earns less than the father is not, for that reason alone, unfit for custody. The father's duty to maintain his child continues whoever has custody, so lack of money on her side is not on its own a ground to take the child. ## The case at a glance - **Facts:** Parents divorced on 22 November 2016; the father applied for custody under s.25 of the Guardians and Wards Act on 28 January 2017. On 30 June 2021 the Guardian Judge gave the eight year old boy to his father, relying on his age and the mother's second marriage. Appeal dismissed on 20 June 2022; the Lahore High Court dismissed her petition on 21 September 2022. - **The question:** Whether a son over seven must go to his father, and whether the mother's second marriage disqualifies her from custody. - **What the Court held:** No on both. The age seven rule is not absolute and the second marriage cannot be a stand-alone reason to disqualify her. Appeal allowed; custody retained by the mother. - **Why:** Under s.17 of the Guardians and Wards Act the court is guided by the welfare of the minor, which is the paramount and overarching consideration. The child's own view may be considered, and here he described his father as no more than a stranger. - **Limits:** Custody turns on the facts of each family. The judgment does not say a son always stays with his mother, or that a mother's remarriage is irrelevant; it says these factors cannot decide the case on their own against the child's welfare. ## The law it relies on - **Guardians and Wards Act, 1890, s.17:** (1) The Court "shall, subject to the provisions of this section, be guided by what, consistently with the law to which the minor is subject, appears in the circumstances to be for the welfare of the minor". (2) It shall have regard to "the age, sex and religion of the minor, the character and capacity of the proposed guardian and his nearness of kin to the minor", among other things. (3) "If the minor is old enough to form an intelligent preference, the Court may consider that preference." - **Guardians and Wards Act, 1890, s.25:** The provision under which the father applied for custody of the child in this case. ## What this does not mean - It does not mean a son always stays with his mother after seven. The court decides each case on the child's welfare. - It does not mean a mother's second marriage is irrelevant. It can be weighed, but it cannot be the only reason to take her child. - It does not end the father's duties. He must still maintain the child whoever has custody. ## Questions people ask ### My son is turning seven. Will his father get custody automatically? No. In PLD 2024 SC 629 the Supreme Court held that the rule giving a mother hizanat of a son till seven is not absolute; the child's welfare is the paramount consideration under s.17 of the Guardians and Wards Act. ### I have remarried. Will I lose my children? Not for that reason alone. The Supreme Court said a mother's second marriage cannot become a stand-alone reason to disqualify her. The court will look at the child's welfare as a whole. ### Will the court listen to my child? Section 17(3) of the Guardians and Wards Act says that if the minor is old enough to form an intelligent preference, the court may consider it. In this case the boy's own words were part of the Supreme Court's reasoning. ## Sources - Shaista Habib v. Muhammad Arif Habib, PLD 2024 SC 629, Supreme Court of Pakistan, 6 March 2023, paras 4, 5, 8, 10. The rule that a mother's hizanat of a son ends at seven is not absolute; welfare is paramount; a second marriage cannot be a stand-alone reason to disqualify the mother. Custody retained by the mother. (verified against full text) (official text: https://www.supremecourt.gov.pk/downloads_judgements/c.p._3801_2022.pdf) - Guardians and Wards Act, 1890, s.17 (text checked in FAI Statute Search) (official text: https://pakistancode.gov.pk/english/UY2FqaJw1-apaUY2Fqa-cJc%3D-sg-jjjjjjjjjjjjj) ## What the reel says Heard this one? "At seven, the son goes to his father automatically." Wrong. Guardians and Wards Act 1890, s.17: in appointing a guardian, the court is guided by the welfare of the minor, and may consider the child's own preference if old enough. One mother lost her eight-year-old son to his father. The Family Court's two reasons: the boy's age, and her second marriage. The appellate court and the Lahore High Court kept it. In the Supreme Court, the boy said his father was a stranger to him. The Supreme Court (March 2023): the rule that a mother loses custody (hizanat) of a son at seven is not absolute; the child's welfare is the paramount consideration. He stays with his mother (PLD 2024 SC 629). A mother's second marriage cannot, on its own, disqualify her from custody. Nor can her lack of money alone, because the father must still maintain the child. --- Educational legal information, not legal advice. Every case turns on its own facts. Speak to a qualified lawyer about your situation. Reading this page does not create a lawyer and client relationship. 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