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Grandmother's right of visitation and Custody

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In Pakistan the Guardianship law was enacted by British in the year 1890 which is known as the Guardians and Wards Act 1890. According to the provisions of Guardians and Wards Act, 1890 grandparents stand no where.

However, with the passage of time the superior courts of Pakistan have laid down principles that are followed by the Guardian Courts all over Pakistan. Pakistan is a society that has Islamic laws and typical Indian cultural values incorporated in its system which has impact on legal system as well.

In practice the grandparents do not easily get visitation rights and custody from the guardian courts in Pakistan especially when mother is alive and perfectly looking after the child. However, exceptional cases happen at times because of which grandparents get their rights from courts.

The primary thing which a guardian court has to see is to cater the welfare of minor. If under any circumstances it is proved that the welfare of minor is with the grandparents then the guardian judge has powers to pass orders accordingly


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