Law:

Section:

P L D 1957 (W. P.) Karachi 50             Minors-Offspring of Muslim father and Jewess mother- Welfare of minors-Improper to hand over to mother who was of Indian nationality and was residing in India   Constitution of Pakistan, Art. 170-Guardians and Wards Act (VIII of 1890), S. 17. . Custody of two minors-a boy and a girl-offspring of Muslim father, by a Jewess, whose marriage was solemnised according to Muslim rites, was the subject of a dispute, after dissolution of their marriage, in a habeas corpus petition lodged by the mother who was of Indian nationality and was residing in India.   Held that it was improper to give the custody of the two Muslim children to a Jewess mother who was an Indian national and was residing in India.   Subbarathnamal v. Seshachala Naidu A I R 1931 Mad. 478 and Abbasi S. M. v. Sultan Hamid Khan A I R 1955 N. U. C. (Madh. B) 3697 rel.       JUDGMENT   MUHAMMAD BAKHSH, J.---This is a petition for a writ of habeas corpus in respect of the two minor children, a boy and a girl, of the Petitioner, who is their mother. Respondent No. 1 is the father of the children while Respondents Nos. 2 and 3 are the brothers and Respondent No. 4 is the sister of Respondent No. 1. The petitioner is a jewess and was married to the Respondent No. 1 according to the Muslim Law on 11th November 1943. A son named Anwar was born to them on 4th May 1948 and daughter Talat on 29th November 1949. The husband and wife were then living in Calcutta. Owing to disagreement between them the Peti tioner filed a suit in the Calcutta High Court in 1952 for dis solution of marriage, custody of the children their maintenance and dower. Temporary custody of the two children was given to the Petitioner. On 16th March 1954 the Petitioner's suit was decreed and the marriage between the couple was declared dissolved with effect from 19th February 1952. The custody of the children was also given to the Petitioner. Thereafter the Respondent No. 1 made an application to the High Court of Calcutta in July 1954 that he should be permitted to put the two children in a respectable boarding school at Darjeeling.…