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LAHORE, Dec 03 (APP):The Lahore High Court (LHC) has overturned a trial court decision and ordered that a 13-year-old boy remain with his adoptive parents, stressing that the child’s welfare and personal preference must take precedence in custody matters.
Justice Faisal Zaman Khan issued an eight-page judgment on Arshad Ali’s petition, ruling that the trial court’s order directing the handover of the child to his biological parents was not sustainable.
The court noted that the child repeatedly expressed his desire to stay with his adoptive parents, both before and after spending a week with his biological family as directed by the court.
The judgment states that while biological parents generally hold a preferential right in custody cases, the circumstances of this matter were exceptional. The biological parents had voluntarily given the child to the father’s brother at birth, and the adoptive parents raised him for nine years. The child, now 13, has spent most of his life in their care.
The court observed that the biological father has three marriages and 13 children, and placing the boy in such a large household would not be appropriate. The biological parents also failed to demonstrate that the adoptive parents had neglected the child or failed in his upbringing.
The court further remarked that the child had lived with his adoptive family without any complaints for nine years. Forcing him abruptly into an unfamiliar environment would not serve his best interests. The judgment notes that the child would also be emotionally distressed upon learning that the siblings he has grown up with are not biologically related to him.
The court concluded that the custody claim stemmed from a domestic dispute rather than genuine concern for the child’s welfare. It held that the biological parents could not prove that the child had been given to his uncle only temporarily. However, the court allowed them the option to approach the Guardian Court for visitation rights.