Child Custody Law in Pakistan for Foreign Nationals:
Advocate Nazia is the best Advocate in Lahore for Child custody law in Pakistan. Generally, a minor under the custody of a parent was not under illegal detention unless otherwise proved. While seeking custody of a minor by a parent from a parent petitioner had to make out a case of illegal detention, and unless it was done, S 491 Cr. P.C. would not come into play. Such relief could be given to a claimant when he satisfied High Court that the alleged detenue was under illegal detention or confinement according to the child custody law in Pakistan (PLD 2005 Azad J&K 5).
British Nationality Holder:
Detenue was a British National. The British High commission filed a habeas corpus petition, Allegeable, and petitioner for production or person of detenue before the court. The petition with an affidavit and a letter addressed by alleged detenue to British High Commission based on which the court issued introduction order and in compliance thereof alleged detenue was produced in the Court, Detenue (female) made a statement in court without any threat force or coercion that she was threatened beaten and was forced to marry with a respondent who was the nearest relative of my mother and father. At the same time, she did not agree to the marriage with him. Lady had clearly stated that she was not happy with the man’s husband and was unwilling to marry him, and said fact was told to the man’s husband by her.
Family in England:
Lady alleged that she had tried four times to go out from Pakistan and her family in England. Still, she was hopped, beaten, and threatened to be shot if she attempted to go again or approached the British Embassy and that she wanted to go to England to get rid of the situation as she did not like the man (husband) and her in-laws. Statement of alleged detenue was the self-seeking perusal of which was enough to believe that she had been illegally and properly detained on the pretext of marriage with the respondent. According to the statement of detenue, she was forced. She was coerced into marriage against her free and wish. Detenue, in the circumstances, is set at liberty according to the child custody law in Pakistan, and she was allowed to go to England to join her family there. (PLD Azad J&K 34(a)).
A Petition Like a Habeas Corpus:
Locus standi of petitioner a Director of Human Rights Organization to move an application like habeas corpus for handing over custody of the minor female child to her mother a foreign Muslim citizen. Provision of S.491 Criminal Procedure Code 1898 makes it manifestly clear that exercise of jurisdiction was not dependent upon filing an application for minor custody or direction like habeas corpus by an aggrieved person. The court could issue such direction even suo moto.
Constitution:
Article 199 of the Constitution itself distinguishes cases in which direction like habeas corpus need not be sought necessarily by an aggrieved person. The petitioner is an Advocate, and a Director of the Human Rights Organization was thus competent and had locus standi to file such application according to the child custody law in Pakistan, especially when the mother, a foreign national, had supported such application by filing her affidavit. For Family & Civil Suit Like Court Marriage, Online Marriage, Divorce & Khula Case, Single & Unmarried Certificate etc., we are here for u.
