MRS. SHAHNAZ ADIL KHORY versus ANIL DIN SHAH KHORY

Section 49, order of custody and care of a child, statement of consent and order of consent is normally held not to withdraw from Pakistan without the consent of the court of consent or consent order, only to the parties And doesn't leave the court open. To allow the removal of a minor outside Pakistan in appropriate circumstances

1981 C L C 531

[Karachi]

Before Abdul Hayee Kureshi, Actg. C J

MRS. SHAHNAZ ADIL KHORY-Petitioner

versus

ADIL DINSH AW KHORY‑‑Respondent

Divorce Petition No. 2 of 1972, decided on 5th June, 1980.

Parsi Marriage and Divorce Act (III of 1936)‑‑

‑‑ S. 49‑Order for custody and maintenance of child‑,According to terms of consent statements and consent order minor not to be removed out of Pakistan without permission of Court‑Consent statement or consent order, held, only binds parties and not Court and leave open to Court to permit removal of minor to a place outside Pakistan in suitable circumstances.‑[Custody of minor].

Rustam J. E. Kaikobad for Applicant.

J. H. Rahimtoola for Petitioner.

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