Names of French national's former husband and son put on ECL
RE - DPO Sheikhupura has informed the Lahore High Court that names of former husband of French national woman, Peggy Collin, and her seven years old son have been placed on Exit Control List (ECL) after their hectic efforts to find out minor ended in fiasco.
The French lady has sought recovery of her son, Omar Malik, who had allegedly been detained by her former husband Muhammad Ashfaq. A report submitted in the court said, the international warrant of arrest issued by a French Court against Peggy's ex-husband have also been circulated to all authorities concerned for causing his arrest.
Raids were conducted on all possible hideouts of Ashfaq while his relatives had been joined in investigation to extract some information about the whereabouts of the 'abductee' boy.
The DPO in the report informed the court that all possible efforts had been made to trace out and recover the abductee boy and his father but no clue was found so far.
An additional superintendent of police who appeared on behalf of the DPO sought further time for the accomplishment of the task on which the court adjourned the hearing of the habeas corpus petition till June 9.
Meanwhile, the deputy prosecutor general also informed the court that he was already making hectic efforts in this regard and set the agencies into motion for the recovery of the minor.
Petitioner, Peggy Collin, through her counsel Hina Jillani submitted that Muhammad Ashfaq, the father of the child had abducted him from France without her prior permission that was required under an agreement they both had entered into before the French court.
She said her former husband and his family was currently living in District Sheikhupura where they had detained her son.
As per case details, they met in London and fell in love soon. They moved to Lahore where they contracted marriage on August 1, 1995. She then went to France and her husband followed her soon. She gave birth to a male child on August 06, 2000 in France.
She pointed out that during that period her husband had also attained French nationality. She said their relationship started deteriorating in 2001 after his husband took her son to Pakistan and only brought him back when she invoked the jurisdiction of French courts. He finally divorced her in February 2003 and submitted a compromise regarding the custody of the child.
She said, as per the agreement that was duly attested by the department of justice, Mission for Assistance with International Mediation for Families, they both would hold the joint custody of the child. The child would remain with his mother while father would have visitation right on weekends and on any other day as both decide.
They would jointly take decisions about his health and education but the mother would not be entitled to get money from child's father to look after him.
The most important point of the agreement was that both of them would not remove the child out of France without the prior formal permission of the other.
She said other family members of her former husband had also settled in France as his sister Rashida Malik was also present at the time when she (Peggy) handed over her son to his father on a weekend as per the terms of agreement.
But after that Ashfaq along with Omer and other family members disappeared from France around June 13, last year.
She also complained to French police but it could not trace out the child, as he was not within the territory of France.
Later, she said, she received an anonymous call from Pakistan saying that her child was in the custody of his father.
She claimed that she was a natural as well as legal guardian of her child and his custody should be handed over to her to take him back to France.
Peggy's counsel also informed the court that Pakistan was not a signatory to Hague Convention but its spirit has been respected through numerous decisions of the Supreme Court.
Counsel prayed to the court that despite handing over the custody of the minor to his mother, criminal proceedings against the child's father should be initiated as well.