Thursday 9 February 2012

British National Child recovered from Mirpur

Mirpur: High Court Azad Kashmir, Pakistan has recovered a British minor child in Mirpur from wrongful retention of father and handed over to British mother. The High Court of Justice Family Division London will decide the future of child according to UK-Pakistan Judicial Protocol 2003.

A senior Judge of High Court Azad Kashmir Mr. Justice Munir Ahmed Choudary has recovered a British National male minor child Mohammad Farhan Khan , D/O/B 24 April 2009, British passport no. 464572103 from the illegal retention of father Mr. Amber Azam and handed over to British national mother Najma Begum here in Mirpur Azad Kashmir, Pakistan. Father Mr. Amber Azam has 'abducted' and removed the minor from UK to AJK last month. Mother secured the court orders from UK, where the High Court of Justice Family Division London issued the orders that minors including minor Farhan Khan shall be the Ward of court and father shall handover the child to mother and father shall take all such necessary steps to facilitate the return to UK jurisdiction.

Later mother of the child Mrs. Najma Begum, engaged her consul Mr. Mohammad Yasin Khan advocate Mirpur and who filed a petition under section 491 CRPC in the High Court Azad Kashmir on 3rd January 2012. After hearing court issued the production orders to Senior Superintendent Police Mirpur and SHO Sub-District Dudyal for the recovery of minor from the wrongful retention of father. On 4th February 2012 Police recovered the minor from the wrongful retention of father Amber Azam and present in the Court. Judge heard the parties, and review the attached copies of UK-Pakistan Judicial Protocol 2003 on children matters and orders of High Court of Justice Family Division London dated 30 Jan 2012.

Mr. Yasin Khan advocate/consul for petitioner Najma Begum argued that the minor is habitually resident of United Kingdom. According to spirit of UK-Pakistan Judicial Protocol if a child is taken or removed from UK to Pakistan with or with out the consent of parent and the child is retained in that country with out consent or in breath of the court order, the judge of the court of that country in which the child has been retained shall not ordinarily exercise jurisdiction over the child, save in so for as it is necessary for the court to order the return of the child to country of the child’s habitual / ordinary residence. The High Court accept the arguments of petitioner consul and gives the remarks that UK concerning court will finally decide the future of the minor and minor handed over to mother. Court also orders to SSP Mirpur Mr. Ch. Munir Hussain to gives full protection to minor and mother for their return to home.

Kashmir Watch

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