MUHAMMAD SULAIMAN KHAN vs GUARDIAN JUDGE-II, LAHORE S — 2026 PLD 107 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD SULAIMAN KHAN VS GUARDIAN JUDGE-II, LAHORE S. 25---Custody of minors---Minors and parents being foreign nationals---Guardian Court refusing to exercise jurisdiction due to nationality of minors and their parents---Legality---Invocation of "Hague Convention" seeking the return of the children to their habitual place of residence abroad---Scope---Hague Convention ensured that rights of custody and access under the law of a State are effectively respected by other Contracting States---The petitioner (father) and respondent No. 3 (mother) were both German nationals and had two children---The family, domiciled in Germany, moved to the UK where the children were habitually resident---Later the family travelled to Pakistan, allegedly for aholiday, but due to marital disputes, the parties divorced in Pakistan, and the children had remained there (Pakistan) since---Later the father filed a custody petition under S. 25 of the Guardians and Wards Act, 1890---Guardian Court dismissed the petition for lack of jurisdiction, citing that the children were foreign nationals and residents of the UK---This decision was upheld by the Appellate Court---The respondent No.3/ mother, opposing the petitioner/father's claim, raised jurisdictional objections and invoked the Convention on the Civil Aspects of International Child Abduction, 1980 (Hague Convention) seeking the return of the children to their habitual place of residence in the UK---Held: In the given circumstances of the present case, where even no other Court or competent forum in Contracting State was seized with the matter or assumed jurisdiction prior to alleged wrongful removal or retention, the determination regarding the issue of return of the children was necessary, to be made at the earliest because there was risk of completely no assessment of rights of children or for that matter rights of the parents---This was what happened in the present case---Guardian Court had refused to entertain the claim on the basis of their nationality---No other forum in any Contracting State was making any determination---The issue of wrongful removal or retention was not properly pressed before the competent forum or the Guardian Court for some reason best known to the parents---This essentially had left the aggrieved un-remedied---There was nothing on record to show that "right of custody" was being exercised or when they came to Pakistan gravity of dispute was so that these rights would have been exercised but for the alleged removal---Mother had not approached the Guardian Court, which was empowered to look into the matter relating to the Hague Convention---Custody petition was filed by the father after thirteen months of their entry in Pakistan---Only in response to this petition, mother had set-up the claim under the Hague Convention and also raised question of jurisdiction on the basis of nationality---One of the minors had spent most of his life in Pakistan---Both the children were apparently well adjusted in their respective schools in Pakistan---Their passports could not be renewed, inter alia, for the reason that none of the parents had right of custody---Courts below failed to examine the interest or welfare of the children---It was deemed just and in the best interest of the minors to proceed further with the present matter---The decisions of the two courts below refusing to exercise jurisdiction were set-aside---The case was deemed to be pending and was directed to be decided by the Guardian Court on its merits---Constitutional petition was allowed in circumstances.

MUHAMMAD SULAIMAN KHAN vs GUARDIAN JUDGE-II, LAHORE S — 2026 PLD 107 LAHORE-HIGH-COURT-LAHORE

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