March 6, 2025
By Rehan Piracha
LAHORE
The decision, welcomed by lawyers, underscores that courts should prioritise the child’s welfare over automatic parental rights.
The case in point involves Hina Tanveer, a resident of Model Town, who appealed against granting visitation rights to her daughters’ paternal grandparents, Asif Ali Agha and Nusrat. The grandparents had sought custody and visitation rights under the Guardian and Wards Act 1890 but later stated they only wanted the court-approved meeting schedule to be finalized. The guardian court dismissed their custody petition but upheld the visitation schedule.
Hina’s counsel argued that grandparents lack parental status and only biological parents should have custody and visitation rights. However, the grandparents’ lawyer contended that they were entitled to visitation rights, citing a prior Lahore High Court ruling that included grandparents under the broader definition of ‘parent’. The appellate court dismissed Hina’s appeal, affirming that grandparents cannot be barred from visitation rights, reinforcing the broader interpretation of familial relationships under the law.
‘Courts should grant visitation rights with the child’s best interests at heart’
Highlighting the significance of the judgment, Advocate Alia Malik, associate lawyer of AGHS Legal Aid Cell, said the great importance of the judgment lied in the fact that legal provision of visitation rights to grandparents were beginning to reach the general public.
“Our Muslim Family Law Ordinance of 1961 gives grandchildren the right to inherit their grandparents’ property if their parents die. If my daughter dies before me, my grandchildren will inherit my property. Grandparents, whether maternal or paternal, are entitled to this. When grandchildren can inherit property, why can’t grandparents have visitation rights?”
Malik said the legal provision was not just a facility but a right, and it provided children with love, affection, and support in the absence of their parents.
She emphasised that while custody rights primarily lie with parents, especially mothers for daughters, visitation rights for grandparents are justified given their role in inheritance. “The first right of custody is with the parents, particularly the mother. But since children inherit from grandparents, visitation rights are highly justified and beneficial for both parties.”
However, she cautioned that courts must carefully evaluate grandparents’ conduct before granting visitation. “Courts must closely examine the grandparents’ relationship with the children, their behavior, and their support for the family. Visitation should not be granted on technical or mechanical grounds, such as financial strength, but must prioritize the child’s welfare.” Malik concluded that the judgment is a significant step, but it must be implemented with the child’s best interests at heart.