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Syed HASSAN MURTAZA vs Mst — 2025 PLD 207 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2025 PLD 207 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2025
Reporter
PLD
Parties
Syed HASSAN MURTAZA vs Mst
Provisions referred to
S. 12---H

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Syed HASSAN MURTAZA VS Mst. MARIYA BANO KHAN S. 12---Hague Convention on the Civil Aspects of International Child Abduction, 1980, Art. 1---Child rights---Transborder abduction---Scope---Hague Convention seeks to prevent unlawful removal or retention of children across international borders by their parents, thus shielding them from harmful consequences of abduction---It aims to (i) secure prompt return of children wrongfully removed to or retained in any Contracting State and (ii) to ensure rights of custody and access under law of one Contracting State are effectively respected in other Contracting States---Convention aims to prevent forum shopping by establishing uniform procedures for resolving abduction cases and addressing human rights concerns related to rights of children and parents---Hague Convention adopts proactive and remedial approach and its focus is not to adjudicate merits of custody disputes but rather to address breach of rights of custody established by law in child's habitual residence---Underlying principle is that the most appropriate jurisdiction for custody disputes is typically the child's habitual residence before abduction---This ensures that long-term decisions regarding their upbringing are made in the environment most familiar to them and by a Court having access to the most relevant information.

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