Q:

Please let me know how to deal with the below situation. An Indian girl got married to a Pakistani boy about 10 years ago. The girl moved to Pakistan with her new husband and lived with the family. She is still an Indian national as her Pakistani nationality process has not yet been completed. She now has two kids ie a boy around four years and a daughter about three years old. Both the children's are born in Pakistan and have a Pakistani passport. The mother has previously travelled to India and the USA with the kids and came back as it was a normal family visit travel. But suddenly this time she went with the kids to her visit her parent in India and now does not want to come back. They have to get the children's visa extended and now does not want to come back. Their question is will she be allowed to keep the Pakistani children's in India? And what should the father do to bring back all of them or at least his kids? How can he have his child back in Pakistan? Any help would be highly appreciated. Thanks.

Thursday, August 9th, 2018 by noor.popatia

Answers

  1. In this situation, your client has two options: file a direct petition before the supreme court of Pakistan for their return or file a petition before Dehli High court or concern high court of India. Age of minors shall also be the deciding factor in this case.

  2. Double checked the children’s age and the boy is 6 and the girl is 4 years old. So if as a minor the mother is able to have the child custody, than what would be the age when the father be able to have their children’s.
    Secondly what right do the father have to visit his children, As this is a cross border situation.
    And does a petition file at this time would be useful even if the custody cannot be achieved.
    Also let me know if anyone is interested in taking this case in India or Pakistan. He may contact me on my e-mail: noor.popatia@gmail.com
    Thanks.