Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 491--Habeas Corpus--Issue of custody of minor--Minor in issue was born in france, he is a french citizen besides claiming his additional Pakistani citizenship on account of his father being a Pakistani, the minor's parents had got married in France and after living in that country together for some years their divorce had taken place--Father, removed the custody of minor from his mother and inspite of orders of French Courts not to remove the minor from France brought him to Pakistan--Criminal case lodged against father for an offence in respect of kidnapping of the said minor and after recovering the minor in connection with that criminal case he had been produced before High Court--Held: Minor in issue has been recovered by the police in connection with investigation of the relevant criminal case and such recovery has come about under the umbrella provided by High Court through the present petition--With the achievement of that objective the role of High Court ends for the present and now it is for the local police to deal with the matter in accordance with law--Court ordered the police to do the needful and to hand over custody of the recovered minor to the petitioner who is his real mother and a lawfully appointed guardian--Petition disposed of. THIS ORDER PASSED BY: ASIF SAEED KHAN KHOSA, JUSTICE---.--- After recovering the minor son of the petitioner and Respondent No. 1 in connection with case FIR No. 656 registered at Police Station Sharqpur Sharif, District Sheikhupura on 27.10.2007 in respect of an offence under Section 363, PPC the investigating officer of the said case and the Superintendent of Police (Investigation), Sheikhupura had produced him before this Court on the last date of hearing, i.e. 23.10.2009 whereafter the recovered minor namely Omer had been given in the interim custody of Miss Hina Jillani, Advocate who has produced him before this Court today. 2. The facts of this case are quite simple. Peggy Collin petitioner is a French national and Muhammad Ishfaque Malik Respondent No. 1 was born in Pakistan. They met in London, fell in love, got married on 01.08.1995 and started living…

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