| Citation(s) |
|---|
| 2011 SLG 2991 2011 SLD 2991 2011 PLD 6 |
Islamabad High Court
Writ Petition No. 854 of 011, decided on 1st April, 2011. heard on: 31st March, 2011.
MUHAMMAD ANWAR KHAN KASI, JUSTICE
Barrister Faisal Khan Toru for Petitioner. Barrister Ehsan Qazi for parents of the minor.
Writ Petition No. 854 of 011, decided on 1st April, 2011. heard on: 31st March, 2011.
MUHAMMAD ANWAR KHAN KASI, JUSTICE
Barrister Faisal Khan Toru for Petitioner. Barrister Ehsan Qazi for parents of the minor.
MISS NANCY RUTH BANEY
VS
DISTRICT JUDGE, ISLAMABAD AND another
Law:
Section:
(a) Words and phrases---.--- ---.----"Adoption"---.---Defined---.---Adoption is defined as judicial or administrative act that establishes a permanent legal parent-child relationship between a minor and an adult, who is not already the minor's legal parent and terminates legal parent-child relationship between the adopted child and any former parents. (b) Constitution of Pakistan---.--- ---.----Art. 199---.---Constitutional petition---.---Adoption of female christian child---.---Scope---.---Petitioner adopted minor child and was appointed as her guardian by Guardian Court---.---Grievance of petitioner was that she wanted to take the minor abroad to her native country for the purpose of immigration and adoption---.---Validity---.---After appointment as guardian, petitioner had got every lawful right to keep the child with her after proper consent of minor's real parents---.---Petitioner wanted to keep the child with her in United States of America and welfare of the minor was also demanded her better care and treatment---.---There was no Inter-country Adoption between Pakistan and United States of America, the minor would enter United States of America on immigration visa and be adopted over there according to the United States laws---.---Child after going through all the process of guardianship should be permitted to accompany her lawful guardian, especially when the parents had also no objection to the removal of minor to a foreign country in connection with adoption---.--- Muslim laws were different but the minor was a christian and her parents had given the permission---.---High Court permitted the petitioner to take the minor to United States of America for the purpose of immigration and adoption---.---Petition was allowed in circumstances. AIR 1984 SC 469 and 2005(3) KLT 57 ref. THIS JUDGMENT DELIVERED BY: MUHAMMAD ANWAR KHAN KASI, JUSTICE:---.---- The petitioner has prayed for permission to take the minor namely Amrina Masih, a Christian child to USA for the purposes of immigration and adoption. 2. According to the petitioner, she took care of a child Amrina Masih with the permission of her parents and got a proper order from the Court for her appointment…
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