LHC says teenager’s custody cannot be decided against his or her consent unless...

LAHORE: The Lahore High Court (LHC) has held that custody of a teenager cannot be decided against his/her consent, unless the matter is adjudicated by a guardian court.

Respecting the autonomy of grown-up children is not only a legal necessity but also a moral imperative that strengthens the fabric of society, the court added.

The court passed this order in a habeas petition filed a father of a minor Kinza Rani for her recovery from her mother.

The court remarked that every citizen, regardless of gender or social standing, possesses the inherent right to liberty. The court said any constraints upon such liberty must be examined and resolved through competent judicial forums, where impartiality and justice prevail, rather than through coercion or arbitrary decisions imposed by family or community elders.

The court observed that the responsibility of the state and society is to ensure that individuals are not left vulnerable to familial or communal coercion.

Legal systems, social welfare institutions, and community organizations must work together to safeguard liberty, provide psychological support, and uphold justice, the court added.

The court noted that the minor Kinza Rani declined to accompany her father, expressing fear and distress due to the conduct of her stepmother, and instead voluntarily chose to reside with her aunt (Khala).

The court, therefore, said that she cannot be compelled either to live with her father or to be placed in a shelter home without her consent.

The court also observed that custody of such minor cannot be invoked under the Punjab Destitute and Neglected Children Act or the Punjab Protection of Women against Violence Act.

The court remarked that to safeguard against potential misuse, any interested party seeking custody may file a habeas petition for an interim report and information, and ultimately approach the guardian court.

The court ordered that she be lodged in Dar-ul-Amaan until her custody is regulated in accordance with law.

Copyright Business Recorder, 2026