Gujarat HC rejects child custody plea of Pakistani man
Updated: Nov 8th, 2024
A Pakistani man was denied custody of his child, living with his wife in India, by the Gujarat High Court.
The man had married a woman from Surat, Gujarat, in Karachi, Pakistan, in 2019, and they had a child a year later. However, due to marital issues, the wife returned to Surat on a tourist visa, as she had become a citizen of Pakistan.
Subsequently, the Pakistani husband filed a habeas corpus petition for the custody of the child, alleging that his wife had brought the child to India illegally and that he feared they would never return to Pakistan. He also claimed that the child was not being raised properly.
The High Court ruled that the child was in the custody of his biological mother and, therefore, could not be said to be unlawfully staying with her. As a result, the Pakistani citizen’s habeas corpus petition could not be maintained.
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