South Asian Studies, Vol 34, No 2 (2019)

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Role of Judicial System of Pakistan in Social Maladjustment of the Children under Child Custody Litigation

Kaleem Javed, Prof. Dr. Umbreen Javaid

Abstract


The present study is aimed to explore the role of judicial system of Pakistan in social maladjustment among the children under child custody litigation. In addition, the study is also intended to find out the gaps in child custody litigation for addressing the problems in child custody litigation. The presents study used qualitative research design and conducted 25 in-depth interviews lawyers, judges, parents and relatives of the children under child custody litigation. For the purpose of data collection, researchers selected eight guardian courts situated in Lahore. Interview guide was used to collect data from the respondents who were selected using purposive sampling techniques. Respondents were assured that their provided information will not be shared with anyone without their prior permission. For analyzing data, thematic analysis technique was used. The present study found that judicial system in general and child litigation particularly have an active role in enhancing social maladjustment among the children. There are many factors which are responsible for this increase which include both internal and external factors of court. However, court is responsible to make decision therefore; the majority of the respondents were of the views that court delay in decision making, unpleasant court environment and inefficiency of staff and judges is the main cause of social maladjustment in children. It is concluded that the role of judicial system and its impacts are very severe upon psychological health of the children, therefore, court should tackle the cases very seriously and on urgent bases for keeping children in good environment according to their needs. 

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