Seek Advice Legally For Custody of Child in Pakistan Through Foreign Courts

 

Custody of Child in Pakistan Through Foreign Courts:

advocate Nazia in Lahore is an expert lawyer for custody of child in Pakistan through foreign courts. A petition like a habeas corpus was allowed and custody of minor child was handed over to mother. Such an arrangement, however, would be subject to orders if any passed by Family Court of competent jurisdiction to whom parties or any one of them may have recourse if they so desired. (PLD 1995 Lab. 151). Canadian nation.--High The court instead of passing interim order finally allowing custody of two minor girls to their mother and even passport was restored which could be used to leave the country depriving the Guardian Court to decide the issue of custody of child in Pakistan. Leave granted to consider the above contentions.(1995 PSC (CrPC21).

Suadi Arabia out of the Courts:

Habeas corpus petition. Recovery of minor: Minor child aged about five years was living in S.A jurisdiction and was in the custody of his father. Minor, therefore, could not be said to have been detained for any illegal or immoral purpose. The petition was dismissed accordingly. (1995 PCr.LJ 30). Detenue was in continuous detention under Se-3(2) Cls (b) & (c) of the Foreigners Act 1946 for the last about eight months under different orders of the Provincial Government. NO justification was available to the Authorities to have directed the detention of the detenu till the next meeting of the Federal Review Board which admittedly had not taken place despite the expiry of a period of more than three months since the date of the order for custody of child in Pakistan. The direction which was based on a letter addressed by the Federal Review Board to the Provincial Government had been without any application of mind by the Detaining Authority in clear violation of the mandate of Of Art. 10 of the Constitution. Detention of the detenu being Without lawful authority he was directed to be released forthwith(1994 PCr.LJ 2362).

Spanish subject:

Where A was handed over to the Spanish Embassy extradition but while still in Pakistan he moved a writ of habeas corpus to challenge his detention Held that the petitioner though as alien being a Spanish national has been and is still within the tilted territory of Pakistan and as such under Article 2 of the Constitution would be equally entitled to the protection of the law and the right of being treated under the law of custody of child in Pakistan which means the law of this country. Therefore, an order could be passed in this favor under this section. (PLD 1969 Lahore 129).

Custody of minor:

Order passed by the Circuit Court of United State of America being of later date had to give way to the earlier order passed by the Guardian Judge of Pakistan which is a Court of competent jurisdiction. (1993 PCrLJ 1097). Custody of minor Ordinarily removal of a minor child in violation of an order passed by a Court of competent jurisdiction of a foreign country is not lawful Act of removal of a minor from the custody of the person in whom the same vests by way of hizanat and also by way of an order of the Court of a foreign country makes the custody of the remover as illegal for the exercise of jurisdiction under S. 491. Cr.P.C.(1993 PCrLJ 1097).

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