Law: Convention on Civil Aspects of International Child Abduction, 1980

Section: 8,10

Law: Civil Procedure Code (V of 1908)

Section: 12(2)

Law: Criminal Procedure Code (V of 1898)

Section: 491

Convention on Civil Aspects of International Child Abduction, 1980--- ----Arts. 8 & 10---Custody of minor---Parental abduction---Yellow warrants---Scope---Welfare of minor--- Parties were separated husband and wife and dispute between them was with regard to custody of minor child--- Petitioner sought issuance of yellow and red warrants against her husband for recovery of her minor child from foreign country---Validity---Intention of petitioner was not to get her husband arrested but she was interested in issuance of yellow notice for minor child---Purpose of yellow notice was to get help of Interpol for tracing and locating of a missing person including a minor---Minor was not missing and had traveled to UAE earlier with his father---If it amounted to 'parental abduction' then Hague Convention on Civil Aspects of International Child Abduction would play a part in bringing minor back to Pakistan---When respondent was not wanted in any criminal case and there was no treaty between Pakistan and UAE regarding the issue, order of issuance of red and yellow notices had become infructuous---Welfare of minor was his staying in Dubai and would be more beneficial for his future---While approaching court in Dubai, petitioner also putforth her case by showing her intention to keep minor in Dubai and for same purpose, she demanded for provision of a dwelling house for minor and only certified copy of his passport---Even in transnational child custodial cases, best interest of child could not be overlooked---Petition was dismissed in circumstances. PLD 2004 SC 1; 2015 SCMR 731; PLD 2007 Lah. 293; 1988 SCMR 1804 and 1989 MLD 2209 ref. THIS JUDGMENT DELIVERED BY: FAHIM AHMED SIDDIQUI, J---.--- Through the instant petition, the Petitioner has assailed the order dated 12.10.2015, passed by the learned Additional Sessions Judge-VIII, Karachi South, in Criminal Miscellaneous Application No. 1418 of 2015, whereby the application under section 491, Cr.P.C., was dismissed. 2. Precisely the facts of the case of the Petitioner, who was a divorcee having three children from his first husband, was married to the Respondent No.1 on 14.07.2008 and out of this wedlock one male child…

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