Law: Criminal Procedure Code (V of 1898)

Section: 491

Criminal Procedure Code (V of 1898)--- ----S. 491---Habeas corpus---Custody of minors---Minors, foreign nationals---Foreign ---Scope filed petition under S.491, Cr.P.C. for issuance of an appropriate order with direction in the nature of habeas corpus---Contention of petitioner was that according to the parenting plan submitted by him and respondent in foreign court both parents would exercise joint parental authority over minors and the parents would consult each other when they planned any relocation of residence of the minors in custody of respondent---Matter of custody had already been decided by foreign courts and the minors were foreign nationals had secretly, without consent and knowledge of the petitioner brought the minors to Pakistan---Petition was accepted and the custody of minors was handed over to the petitioner. ORDER AALIA NEELUM, JUSTICE:---.--- The petitioner-Abid Hussain had filed a petition under Section 491 Cr.P.C for issuance of an appropriate order with direction in the nature of habeas corpus. The petitioner prayed for custody of his two minor daughters (1) namely Fatima Abid Hussain aged 13 years and (2) Saleema Abid Hussain having age of 11 years, according to him, are in illegal custody of the respondent No. 1, because according to the parenting plan both parents i.e. the petitioner (the father) and respondent No. 1 (the mother) would exercise joint parental authority over children and the parents would consult each other; when they plan any relocation of residence and custody of Khadija was granted to the father (the petitioner) and of Fatima and Saleema was granted to the respondent No. 1 by a divorce decree dated 01.08.2013 passed by the Judge of the Family Court, Rotterdam, Netherland. 2. The facts leading to the instant petition are as follows:-- "The respondent No. 1 was married with the petitioner on 06.11.1995 in Sialkot, Pakistan. Thereafter the petitioner and respondent No. 1 went to Netherland to settle down permanently. On 24.09.2001 and 02.10.2003, two female children were born to them in Rotterdam at Netherland. The respondent No. 1-wife filed a divorce case in Rotterdam at Netherland against the petitioner and the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492