LHC hands over child to French woman

LAHORE - The Lahore High Court has handed over the custody of a nine-year old child Omar Malik to his French national mother Peggy Collin.
On Monday, Justice Asif Seed Khosa after hearing lengthy arguments of both counsels - Peggy and her former husband Ashfaq Malik - ordered the Investigating Officer present in the courtroom to hand over the child to his mother.
At this father’s counsel AK Dogar expressed his apprehensions about possible escape of Peggy from Pakistan along with the child, however, the judge continued to dictate his order and disposed of the case to the extent of habeas corpus petition filed by the French national mother of the minor.
The child who had been living with his father in Pakistan for the last three years also offered resistance to police when he was asked to leave the courtroom with his mother. Having tears in his eyes Umar also stopped his mother from hugging him, however, after a half an hour struggle the mother and an official of French embassy succeeded in taking the child with them under police custody.
Earlier, Hina Jillani, counsel for Peggy, in her arguments said the matter was not about the custody of the child rather the restoration of child’s custody to his mother in the light of decisions given by French Courts.
She said the mother was entitled to have the custody of the child as per the orders of French courts, which had been violated by the respondent father. She also produced the copies of orders issued by French courts.
On court’s query she said there was no protocol between Pakistan and France regarding such matters. But, she said, Ashfaq was a convict by a French court on the charges of removing the child from the jurisdiction of the local court in France. Criminal proceedings were also pending against Ashfaq before French court, she added.
She further informed the court following orders’ of a French court “International Arrest Warrants” were also on field against Ashfaq.
When asked, SP Investigation Sheikhupura also confirmed such warrants against Ashfaq and also produced a copy of the same with English translation.
Jillani said the respondent had abducted the child from France without prior permission of the mother that was required under an agreement they had entered into before a local court over there.