LHC overturns lower court decision, orders return of kids to mother

Rawalpindi:Justice Sardar Muhammad Sarfaraz Dogar of the Lahore High Court (LHC) Rawalpindi bench has overturned the decision of a subordinate court regarding the custody of minor children. The court declared the lower court’s ruling null and void and directed the police to return the children to their mother, Iqra Noor, from their maternal aunt’s custody. The police were also instructed to ensure the safe transport of the children to their mother’s residence under protective custody.

The case stemmed from a petition filed by Iqra Noor, a resident of Abbas Nagar, Pind Dadan Khan, who sought the return of her children from the maternal aunt. Noor's lawyer, Syed Muhammad Taqi Hasnain Kazmi, challenged the decision of the Additional District and Sessions Judge of Pind Dadan Khan, which had initially awarded custody of the 3-year-old Affan and 4-year-old Aima to the maternal aunt, while the 1-year-old child was given to Noor.

During the hearing, the court emphasised that the opinion or statement of very young children holds little weight in such matters. Justice Dogar noted that a mother’s love and care are irreplaceable, and that established Supreme Court decisions dictate that, in disputes between parents, young children should remain with their mother. The court also criticized the subordinate court’s hasty decision, which Noor's lawyer argued violated the principles of justice, particularly in the absence of any legal basis for placing the children in the custody of their maternal aunt.

The LHC, after considering the lawyer’s arguments, declared the lower court’s decision legally flawed and issued a directive for the SHO of Jalalpur Sharif Police Station to recover the children from the maternal aunt and return them to their mother. The court also instructed the police to ensure the safe return of Noor and her children to their home.