Law: Constitution of Pakistan 1973

Section: 199(1)(b)(i)

Law: Criminal Procedure Code (V of 1898)

Section: 491

Constitution of Pakistan (1973) Art. 199(1) (b) (i) and Criminal Procedure Code (V of 1898), S. 491 read with Private International Law-Custody of minor children Divorced mother, a Canadian, professing Christian religion, whereas father a Pakistan National and professing religion of Islam-Mother filing application for custody of minor children in a Pakistan Court and seeking enforcement and execution of a decree/order of a Court of United States of America-Neither husband nor wife nor children living in United States at time of filing application but on other hand father and children living in Pakistan at relevant time-Decree/ judgment of United States Court not given additional force by a decree obtained in Pakistan--Welfare of minors--Paramount considera tion in awarding custody-Foreign order as to custody-To be con sidered subject to paramount consideration of welfare of children- Matters to be considered in determining award of custody: comfort, health, and moral and spiritual welfare of children--Father having right to determine religion of his infant children and such right subsisting even after his death and father being a Muslim entitled under Muslim Law to custody of minor children, minor children living in Pakistan with a Muslim father, held, cannot be entrusted to petitioner, a Canadian living outside Pakistan so as to be allowed to be taken away to Canada. (Custody of minor-Judgment]. Ferris on The Law of Extraordinary Legal Remedies; English Conflict of Law by Clive M. Schmitthoff, Chap. 15; Gangull Engineering Ltd. V. Sm. Sushila Bala Dasi and another A I R 1957 Cal. 103; Fazal Ahmad and others v. Abdul Bari and another P L D 1952 Dacca 155; McKee v. McKee 1951 A C 352; Cheshire's Private International Law, 8th Edn., p. 461; Mrs. Mosselle Bubbay v. Khawaja. Ahmad Said and others P L D 1957 Kar. 50; Subbarathnammal v. Seshachala Naidu A I R 1931 Mad. 478; Abbast S. M. v. Sultan Hamid Khan A I R 1955 N. U. C. (Madh. Bha.) 3697; Halsbury's Laws of England, 3rd Edn., Vols. VII, XII, pp. 126, 356, 357, para. 227; Muhammad Sadiq v. Mrs. Sadiq Safoora P L D 1963 Lah. 534; Muhammad Bashir v. Mst. Ghulam Fatima P L D 1953 Lah. 73; Mst. Atia Warts…