GUARDIANSHIP AND CUSTODY DISPUTES IN PAKISTAN: IMPACT OF THE GUARDIAN AND WARDS ACT 1890 ON THE WELFARE OF THE CHILD PRINCIPLE

Abstract

Guardianship and custody disputes in Pakistan are primarily governed by the colonial-era Guardians and Wards Act, 1890, which continues to play a central role in determining the custody and welfare of children. This research article critically examines the effectiveness of the Act in protecting the “welfare of the child” principle within the contemporary socio-legal framework of Pakistan. The study evaluates how Pakistani courts interpret and apply welfare considerations in custody disputes involving parents, guardians, and extended family members. It further analyzes the interaction between statutory provisions, Islamic principles, constitutional guarantees, and international child rights standards. The article highlights that although courts increasingly prioritize the best interests of the child, practical implementation remains inconsistent due to judicial discretion, procedural delays, gender biases, financial inequalities, and social pressures. The research also identifies challenges faced by children in emotionally contested custody proceedings and examines whether the existing legal framework adequately addresses their psychological, educational, and emotional needs. The study concludes that significant legal and institutional reforms are necessary to ensure child-centered adjudication and strengthen the protection of children’s welfare in custody and guardianship matters in Pakistan.