Abstract

Within Pakistan’s family justice framework, this article critically examines the emotional and psychological effects of denying non-custodial parents and grandparents meaningful at-home visitation rights. The child’s developmental, emotional, and spiritual requirements are not taken into account by the current judicial practice, which frequently consists of brief visits supervised by the court. The paper argues, based on Islamic bioethical principles and the goals of Islamic law (maqasid al-shar’iah), particularly the preservation of mental well-being (if al-nafs) and kinship ties (ilat al-ra’m), that restrictions like these not only harm child welfare but also go against the spirit of Shar’iah justice. The study, which combines jurisprudential analysis, case law, and empirical child development research, reveals a disconnect between current legal practice and the fundamental Islamic and constitutional mandates to ensure the holistic well-being of the child. It calls for moving away from rigid procedures and toward a welfare-centered judicial approach that is based on Sharia ethics and current social science. By doing so, it demonstrates how important extended family and parents are in creating a supportive environment after a divorce. The article concludes by proposing legal reforms, judicial training, and interpretive realignment aimed at restoring balance, compassion, and child-centered fairness in Pakistan’s family courts.

Introduction

Through the lens of Islamic contemporary bioethics, visitation denial can be examined from a multifaceted moral and ethical perspective, guided by principles that prioritize the well-being of all family members. Key perspectives include: Protection of the child’s welfare and best interests (maslahah):

Islamic bioethics emphasizes the importance of prioritizing the child’s welfare and best interests. Visitation denial can harm the child’s emotional and psychological well-being, contravening this principle.

The ancient wisdom of building on solid rock teaches us that a strong, stable family foundation is the key to weathering life’s ups and downs and to nurturing a legacy of love and connection that endures. In legal scholarship, jurisprudence refers to the philosophy of law, encompassing the Maqasid al-Shariah wa Akhlaq al-Insaniyah (Objectives of Islamic Law and Human Ethics)[2]. The Usul al-Fiqh[3] focuses on the foundational principles underlying family law and relationships, aiming to promote happy and healthy families through a correct understanding of moral and virtuous relationships

2. Understanding Visitation in Pakistani Family Law

Given the changing dynamics of the Pakistani family and the evolving complexities of family law, judges must adopt an informed Sharʿī analytical approach; one that thoughtfully considers empirical social studies on minors’ development and family life. This perspective enables judicial officers to interpret and apply the law in ways that protect and strengthen family relationships. This article aims to provide an in-depth analysis of the psychological toll of contact denial and to explore how Islamic bioethical principles can inform family court decisions, thereby promoting the well-being and harmony of the non-custodial parent–child relationship in a post-separation context.

Definition of Visitation:

Although Pakistani family and guardianship laws do not provide a statutory definition of visitation rights, courts have progressively developed a body of case law recognizing the emotional and developmental needs of children to maintain meaningful relationships with both parents. Black’s Law Dictionary describes visitation as the lawful right of a parent or grandparent to maintain contact with a child; an essential yet under-regulated area within Pakistani jurisprudence. In this context, 2017 CLC 1747 (Lahore) was a groundbreaking judgment that, for the first time, chalked out a comprehensive at-home visitation schedule of meetings for a non-custodial father, where the Court emphasized the value of at-home visitation as essential to fostering a secure parent–child bond. This approach was further fortified in 2018 MLD 1592 (Lahore), wherein the Court advocated that frequent and overnight access with the non-custodial parent should be treated as a guiding principle, especially in early developmental years. Most recently, in 2025 CLC 960 (Lahore), the Honourable Lahore High Court confirmed these developing principles by restoring overnight visitation rights of a non-custodial father with his minor daughter, recognizing that denying such contact can lead to emotional deprivation and contribute to Parental Alienation. The Court stressed that separation between spouses does not ipso facto make non-custodial parents strangers to their children, and they have an inherent right to actively participate in the upbringing of their children. A properly structured visitation schedule, including overnight stays during special occasions like Eids, birthdays, and the school’s scheduled and unscheduled holidays, not only reinvigorates the emotional bond between parent and child but also furthers the child’s welfare, the paramount consideration in all family matters. Collectively, these judgments accentuate that family courts, while exercising parental jurisdiction, must go beyond rigid procedural trappings and technicalities and adopt child-centric, flexible procedures that align with both the principles of fair trial and the evolving standards of child welfare.

Purpose of Visitation

In Abdul Khaliq v. Mahanoor (2018 PLD Quetta 44), the Balochistan High Court highlighted that a minor child requires love and care from both parents, and divesting her of either damages her mental and intellectual progress. It further held that visitation in court premises is inadequate and meetings should preferably occur at the father’s residence to foster a natural bond between the separated affected minor and her parent. A father, as the natural guardian, must be enabled to participate meaningfully in the child’s upbringing.

In the Pakistani legal context, visitation rights are not clearly defined in statute, yet they have slowly emerged through judicial practice. Rooted primarily in The Punjab Family Courts Act, 1964, the framework grants presiding officers of the Family & Guardian Courts a wide discretion in determining how and when a non-custodial parent, or in some cases, a relative, may interact with a child. However, in many cases, this discretion is exercised in a way that minimizes rather than affirms family connections.

Legal Entitlement of Non-Custodial Grandparents to Maintain Contact with Minor Grandchildren

In the absence of the mother of the minor, it is held by the Honourable Lahore High Court[5] that the maternal grandmother had the right to see and meet the minor. Denial of such legal right would be tantamount to depriving the minor of the love and affection of his maternal grandmother and the family of his deceased mother, which was against the welfare of the minor for the reason that the minor needed the love and affection of both his paternal and maternal relatives. Minor was not to lack the emotional connection with one or both biological parental relations and have maximum interaction with his maternal relations as well, as his permanent custody was with the father, otherwise the same could cause an estrangement in the mind of the child, which could ultimately leave a vacuum in the development of his personality.

Later the Honourable Lahore High Court in case reported as Sarosh Sikander[6] Vs Guardian Judge, held in unequivocal terms that in the Family Court Act, 1964, the Schedule made under S. 5 thereof, prescribed “custody of the children” in clause (5), however, an amendment was made through Family Court (Amendment) Ordinance, 2002 and after ” custody of children” the words “and the visitation rights of parents to meet them” were added. Application of the respondent (grandmother) for visitation rights was maintainable before the Guardian Court.

Visitation as Per Our Traditions

As per our traditions and culture, the children are allowed to live with their grandparents, close elder members of the family, and relatives during centenary periods and other holidays. The progenies are also allowed to attend household functions, festivals conducted in religious establishments, etc., in the maternal as well as paternal houses, in order to understand the Heritage and cultural values that are widely accepted in family and community standards, without regard to faith or cultural identity. The ultimate intention is to cultivate a socially responsible and conscious child and foster a sense of civic responsibility, enabling them to make valuable contributions to their families, society, and the nation. It is also common and arrangements are in place for the children to stay with their grandparents on either side, whenever necessary. By exposing children to diverse experiences and viewpoints, they will become more adaptable, tolerant, and better prepared for life’s uncertainties. It is also well settled that Grandparents share their life experiences and anecdotes with the children, creating a treasure trove of ‘grandpa’s and grandma’s stories’. The grandparents [7] also enjoy the company of the children in their old age, which will be helpful to their old age life, and the same exhibits diverse dimensions and corresponding significance. The courts, while........

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