Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 491---Habeas corpus petition---Minors, recovery of---Order had been passed by Court of United Kingdom for custody of minor---Scope---Contention of father-petitioner was that High Court of Justice Family Division, United Kingdom had issued order for handing over the minor-girls to the petitioner---Validity---Minors were British nationals having British passports---United Kingdom Court could competently decide the dispute between the parties with regard to custody of minors---Order passed by the United Kingdom Court was binding on respondents---Welfare of minors could only be decided by the court where the minors were residing---High Court (AJ&K) could not interfere in the jurisdiction of Court of United Kingdom seized with the matter with regard to determination of issue of welfare of minors---Contesting respondents might raise such plea before the Court of United Kingdom---View and opinion of the minors was important---High Court (AJ&K) examined and interviewed the minors who wanted to join their father subject to the condition that their mother along with grandparents also accompanied them otherwise they wanted to live with their mother---Minors were living with their mother and grandparents therefore in view of the influence of respondents much importance could not be given to their opinion---Respondents were directed to allow the father to meet the minor-daughters in their present residence for a fortnight---Respondents should handover the custody of minor-girls along with traveling documents to father and in case their failure Judge Family Court would summon the minors after a fortnight on the very next day from the respondents and hand over them to the father-petitioner---British High Commission would be responsible to send the minors along with petitioner and their mother if she was also willing to go to the United Kingdom---Habeas corpus petition was accepted, in circumstances. Ali Akbar v. Mst. Kaniz Maryam PLD 1956 Lah. 484; Muhammad Sadiq v. Mrs. Sadiq Safoora PLD 1963 (W.P.) Lahore 534; Muhammad Yousuf alias Salim v. Aba Ali Adam and others 1992 PCr.LJ 2176 and Ms. Louise Anne Fairley v. Sajjad…

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