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LOUISE ANNE FAIRLEY versus SAJJAD AHMED RANA


Article 12 Criminal Code of Conduct (v. 1898), Article 491 Constitution of Pakistan (1973), Article 199 The issue of maintaining a constitutional petition was granted by the court of foreign jurisdiction (United Kingdom), despite the restriction on the father's father. Expelled from Pakistan The juvenile Corps requested that he be the legal and natural guardian of the minor, his custody was not illegal, and the minor wanted to live with his father in Pakistan. From the foreign jurisdiction, to the right exercise of jurisdiction and the removal of the child, the father was not a straightforward, just, honest man, but was guilty of disobeying the court's orders, except that he took his own action. Was violated. The wrong way, therefore, that the petition was competent within the scope of Article 199 and Section 491, CR PCs of the Constitution, instead of considering the minor, the High Court deemed it appropriate to leave the Court of Foreign Jurisdiction, Based on such a report has already passed the required order and inter alia, will ultimately decide whether the child should stay with the mother or in the case of the minor in custody with the father, especially considering the modest welfare. Was welfare and so was the rule in Britain. Although Islamic principles were highly relevant in determining such a case, there were other factors related to the fact that the Pakistani courts could exercise their jurisdiction only in the case of these minors, usually based in Pakistan. He was not a minor resident of Pakistan and his custody case was filed with the foreign jurisdiction.

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