Law: Criminal Procedure Code (V of 1898)

Section: 491

Law: Constitution of Pakistan, 1956

Section: 199

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 491--Constitution of Pakistan, 1973, Art. 199--Custody of minor was married to respondent and were blessed a baby detenue--Marriage was dissolved--respondent married and left house and abducted minor--Welfare of minor is paramount consideration--Respondent No. 3. contracted another marriage and Court consider second marriage for determining issue of welfare of minor--Guardian Court is proper forum for resolution of disputes relating to custody of minors--Minor is 7-years old, custody handed over to petitioner for time being Respondent is directed to approach guardian Court for her custody. 2004 SCMR 990 ref. ORDER Through this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the Petitioner seeks recovery of his seven-year-old daughter Arooj Fatima from the alleged improper custody of Respondents No. 3 to 5. 2. Talib Hussain/SI has produced Arooj Fatima in this Court today. 3. Heard. 4. On 24.10.2014 the Petitioner was married to Respondent No. 3 and they were blessed with a girl who was named Arooj Fatima. Subsequently differences arose between them and Respondent No. 3 filed a suit for dissolution of marriage in the Family Court at Multan which was decreed exparte in her favour on 1.6.2019. RespondentNo. 3 then married Respondent No. 4. According to the Petitioner, Respondent No. 3 abandoned Arooj Fatima when she left his house but some time back abducted her. He has filed his affidavit in support of thispetition. 5. Respondent No. 3 denies that she abandoned the girl. Hence, she states, the question of abducting her does not, arise. However, she has not filed any counter-affidavit. 6. It is by now well-settled that welfare of the minor is the paramount consideration in deciding the question of his custody. The fact that Respondent No. 3 has…

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