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WEEKLY
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| PHC asks DPO to produce minor girl |
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Tuesday, November 17, 2009
Bureau report
PESHAWAR: A division bench of the Peshawar High Court (PHC) has directed the Mardan district police officer (DPO) to ensure production of a minor girl and her father before the court in a child custody case.
The bench comprising Justice Dost Muhammad Khan and Justice Syed Liaqat Ali Shah observed that neither the father of the minor was present nor the girl was produced before the court despite issuance of notices. The court adjourned the case to November 18.
Earlier, another bench of the PHC had issued contempt of court notices to the respondent Shahid Anwar Khan and his brother for allegedly violating the stay order of the court in the case.
The court was hearing the complaint filed by Dr Muhammad Saleem Khan who took the plea that his writ petition was admitted for a full hearing on July 08 last. In the interim relief, the court had suspended the judgments of the trial courts and ordered that the custody of minor Urooj Anwar, daughter of Shahid Anwar, shall not be entrusted to Shahid till further orders.
Urooj, a third grade student at the City School Mardan used to go to her school in a pickup van. “On July 7, the vehicle was on way to school when five persons including Shahid Anwar and Sajjad Anwar stopped it at gunpoint and forcibly took Urooj with them,” the petitioner said.
The complainant’s lawyer, Abdul Lateef Afridi, told the court that the ‘contemners’ willfully and intentionally disregarded the court order and “thus are guilty of contempt of court.”
In the petition, Dr Saleem said that his daughter Faiza, mother of Urooj Anwar, got Khula from her spouse on the grounds that he was suffering from mental disorder. At that time Urooj was only four and was in the care of her mother.
He said that her daughter Faiza contracted second marriage on December 25, 2008 and her former husband Shahid Anwar filed a case with a local court in Mardan seeking custody of his daughter Urooj.
The court directed her to hand over the minor girl to her father by August 3, 2009. However, Faiza and her father challenged the decision before the PHC, which granted interim relief to her. The PHC also suspended the judgments of trial court and ordered: “The physical custody of the minor shall not be entrusted to Shahid Anwar in the meanwhile.”
Nevertheless, Shahid resorted to “kidnap” Urooj, which led to the filing of contempt of court complaint.
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ISSN 1563-9479 
