New citation on 491 crpc improper custody,

Custody of minor/children was handed over to father.

Citation Name : 2020 YLR 1533

LAHORE-HIGH-COURT-LAHORE

Side Appellant : ABID HUSSAIN

Side Opponent : RUKHSANA MUNIR

S. 491 ---Habeas corpus---Custody of minors---Minors, foreign nationals---Foreign judgment---Scope---Petitioner filed petition under S.491 , Cr.P.C. for issuance of an appropriate order with direction in the nature of habeas corpus---Contention of petitioner was that according to the parenting plan submitted by him and respondent in foreign court both parents would exercise joint parental authority over minors and the parents would consult each other when they planned any relocation of residence of the minors in custody of respondent---Matter of custody had already been decided by foreign courts and the minors were foreign nationals---Respondent had secretly, without consent and knowledge of the petitioner brought the minors to Pakistan---Petition was accepted and the custody of minors was handed over to the petitioner