Law: Constitution of Pakistan, 1973

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

Law: Guardians and Wards Act, 1890

Section: 9

Law: Convention on the Rights of the Child

Section: 12

Law: Criminal Procedure Code (V of 1898)

Section: 491

(a) Civil Procedure Code (V of 1908)------O. VIII, R. 5---Evasive denial---Effect---If statement of fact contained in plaint/petition is not specifically controverted in written statement and an evasive answer is given, it amounts to admission. (b) Pleadings------Admission---Scope---No one can be allowed to retract from his admission made in pleadings, which stands on higher pedestal than ordinary admission made elsewhere-No one can plead his. case beyond the scope of his pleadings. (c) Guardians and Wards Act (VIII of 1890)------S. 9---Place of residence of minor---Determination---During the period since May, 2005 till August, 2006, minor, in the present case, was in foreign country and was studying in school---Father admitted such fact in his defence before Court of foreign jurisdiction---Effect---Such length of time was good enough to mean that minor was ordinarily residing in that foreign country and not in Pakistan, within the meaning of S.9 of Guardians and Wards Act, 1890. (d) Constitution of Pakistan (1973)-------Art. 199---Constitutional petition---Custody of minor---Ulteriorly motivated removal of minor---Despite restraining order passed by Court of foreign jurisdiction, father removed minor to Pakistan---Mother of minor sought custody of the minor by invoking constitutional jurisdiction of High Court---Plea raised by mother was that removal of minor was ulteriorly motivated and to defeat orders of Court of foreign jurisdiction---Validity---Having surrendered and submitted to jurisdiction of foreign Court and also making solemn promise that the child would not be removed, it was inconceivable as to how, father of minor could think about violating, disobeying and disregarding Court's order and breached his promise---Such action of father, bringing the child in Pakistan was oblique, dishonest, ulteriorly motivated and was tainted with fraud to circumvent orders of Court of foreign jurisdiction and deprive mother of her lawful custody---On account of pendency of proceedings before Court of foreign jurisdiction and orders passed in favour of mother and against father, which were binding upon him, he could not retain custody of the minor on…