Court summons Austrian woman's spouse, two kids

LAHORE - Justice Mian Saqib Nisar of the Lahore High Court on Tuesday summoned second husband of an Austrian woman Melitta detained in Kot Lakhpat Jail, Lahore with her two minor children on drug smuggling charges. Justice Nisar was hearing a petition filed by Mr Mag Alfred Bratranek, third secretary and vice counsel at the Austrian Embassy in Islamabad, on behalf of Josip Stimac and Stefica Stimac, parents of Melitta. They sought custody of their maternal grandchildren Sana Saleem Syed (13) and Abrash Syed Shah (6). Petitioner's counsel Aftab Ahmad Bajwa submitted that the children's mother Melitta Syed Shah, wife of a Pakistani Syed Iqbal Hussain Shah, was arrested on January 11, 2008 from th Lahore airport as 20.875 kilograms of heroin was recovered from luggage. He said the lady is under trial prisoner presently at Kot Lakhpat Jail while both the children are living with her behind the bars. Counsel said Melitta wrote to Austrian Embassy at Islamabad for handing over the custody of the children to the maternal parents. Counsel said both Josip and Stefica filed a petition for the custody of children in Austria and the district court on February 25, 2009 decided that the children should be given in the custody of maternal grand parents. Counsel pleaded that on receiving the order, the Embassy contacted Melitta in jail where she verbally agreed for handing over the custody of children to the Embassy for their onward shifting to their maternal grand parents. He said when the petitioners contacted the superintended Kot Lakhpat Jail to get the custody of children, the superintendent refused and advised the petitioners to get an order from a Pakistani court. Counsel said that both the children were in jail for more than one year and were deprived of continuation of their education, freedom and humanitarian activities. He said the children had not committed any offence nor they were required by any agency or court in Pakistan and their health is also deteriorating day by day. He requested that the directions be issued to the jail authorities to give custody of the children to the Embassy. However, Melitta appearing before the court took stance that she could not give children as they were not born out of her wedlock with Syed Iqbal Hussain Shah, who had separated from hwe many years back. She said they were kids from her other husband Mirza Saleem Baig who had no objection of children living with mother. At this the judge summoned her second husband Mirza Saleem for March 26.

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