Get Know Child Custody Law in Pakistan for Foreigners By Guidance

Table of Contents

Child Custody Law in Pakistan for Foreigners: 

Advocate Nazia in Lahore is the best lawyer for child custody law in Pakistan for foreigners. The Child Custody in Pakistan is Right of Every Females after Khula & Divorce. Here u Need to Know the Child Custody Law in Pakistan By Lawyer. According to case law, a minor was permanently settled in the U.K., living with his mother. Due to his forcible snatching by a respondent minor was being deprived of proper education and better schooling. People aspire to get their children admitted to institutions in the countries like the U.K. Still, in the present case, the minor was being kept away from that facility against child custody law in Pakistan.

Proper Treatment:

Minor was epileptic needed constant care and proper treatment, which was available to the minor only in the Custody of his mother. Respondent had not so far instituted proceedings under the Guardians and Wards Act 1890. The Custody of the minor, keeping in view the welfare of the minor, could be determined by Guardian Judge according to the child custody law in Pakistan. Petition for habeas corpus had been filed on the ground that minor had been snatched forcibly, which was decided on that ground alone. Respondent could claim the Custody of the minor, and Guardian Judge, if approached, could determine the question of Custody of the minor keeping in view Principles of Islamic law and welfare of the child.

High Court:

High Court is allowing habeas corpus petition directed that Custody of child be restored to his mother (2006 MLD 136). Habeas corpus petition: Custody of child: No conclusive decree was passed either by a Court of competent jurisdiction in Britain or Azad Kashmir, showing petitioner as custodian of the ward in the present case. Minor girl aged more than eight years was residing with her father. She was studying in class 3, having complete attachment and association with her father, and the whereabouts of the petitioner’s mother was not known in Azad Kashmir or even in Pakistan.

Minor Categorically:

 Minor had categorically refused to go with the petitioner (mother); neither was it not in the interest of justice nor in the minor’s good to hand over her Custody to the petitioner in the circumstances according to the child custody law in Pakistan. (PLI) 2005 Azad J & K Habeas corpus petition.–Custody of minor. When there was a conclusive decree by a foreign Court of competent jurisdiction or alike regulation from a Court a competent jurisdiction in Azad Kashmir declaring a contestant as a custodian of the award and the ward was removed from his lawful Custody then of course High Court was competent to hand over the Custody of the minor to him while exercising its powers under S. 491. Cr.P.C.

 When there was no such decree High Court, it was not competent to assume jurisdiction of a Guardian Judge (Family Court) having plenary authority to decide suchlike matters according to the child custody law in Pakistan. While determining the Custody of a minor, his/her welfare was the primary consideration, and such a question could not be resolved in the absence of evidence. Lack of conclusive decree by a Court of competent jurisdiction about a custody matter father of mother as the case might be were natural guardians of a minor. Minor could be removed from a parent only when he/she was kept under illegal detention.

Related Stories