Dua Zahra’s father approaches Supreme Court for daughter’s custody

The father of Dua Zahra, a girl who went missing from Karachi in April and later found to have married someone in Punjab, has filed an appeal with the Supreme Court (SC) against the Sindh High Court verdict, which declared that Dua was at liberty to decide with whom she intended to live.

Filing an appeal with the SC, Dua’s father Syed Mehdi Ali Kazmi submitted that the SHC had erred in its June 8 order by failing to consider the Code of Criminal Procedure, Pakistan Penal Code and Guardian Wards Act and set the ‘minor’ girl at liberty to decide as to whom she intended to reside with, instead of committing her to the lawful guardianship of her parents.

The petitioner’s counsel, Jibran Nasir, submitted that it was a settled principle that the powers of a high court under the Article 199 and section 491 of CrPC were limited to the extent of ensuring production of the alleged abductee and if the abductee was a minor, he or she may be committed to the lawful custody of a guardian who could either could be a natural lawful guardian or next of kin or the state.

He said the SHC has transgressed upon the fundamental principle while confirming the factual controversy with regard to the age of the girl, and set her at liberty instead of committing her to the lawful custody of her parents.

The petitioner requested the apex court to suspend the operation of the SHC judgment and direct that the custody of the girl be restored to her parents.

Earlier, the SHC had turned down the request of Dua’s parents for the cancellation of her marriage observing that that court could not determine factual disputes as it may affect and prejudice the interest of any of the parties.

The high court had observed that the aggrieved parties, if any, were always at liberty to contest the same before a competent court.

The high court observed that apparently, the parents’ petition had served its purpose as it was only to the extent of the whereabouts of the girl who had already been produced before the court and she categorically stated on oath that she was neither abducted nor kidnapped but had entered into a contract of marriage with Zaheer Ahmed.