A family court has awarded permanent custody of a teenage girl who was reported kidnapped from Karachi in April 2022 but was later found to have purportedly contracted freewill marriage in Lahore, to her parents.
Judge Salamat Ali Soomro granted an application filed by the girl’s parents — Syed Mehdi Ali Kazmi and Saima Kazmi — seeking her permanent custody. He directed them to submit a surety of Rs2 million along with an undertaking to “ensure the minor’s happiness in all aspects of life, including education, food, lodging, etc, and to refrain from causing her any harm”. They were instructed to produce the minor whenever her appearance was required by any court of law.
In his detailed order, the judge said: “Based on the foregoing discussion, I am inclined to conclude that the welfare of the minor is best served by placing her custody with her biological parents. It is therefore in the minor’s best interests for the applicants to retain permanent custody until she reaches the age of majority, or as otherwise the fate of marriage is determined in pending suit for jactitation of marriage and other litigations.”
He noted that the minor appeared before the court, “unequivocally expressing her love for her parents and described her life with them as happy”.
“She emphasized that her parents provide her with proper care and fulfill all her basic needs, expressing a strong attachment to them,” the judge said, adding that respondent Zaheer Ahmed failed to demonstrate that the minor was not well-treated by the applicants or that her future would be jeopardized if custody were retained by them.
“Admittedly, the applicants are the minor’s biological parents and natural guardians. The record also shows that Applicant No.1 has made substantial efforts to secure the minor’s custody by pursuing legal avenues both in Lahore (Punjab) and Karachi, underscoring his love and dedication to his daughter. In contrast, Respondent No.1 has not effectively contested the present application. It is indisputable that no one can care for and provide affection to the minor as effectively as her biological parents can,” the judge pointed out.
“Moreover, the Honorable High Court of Sindh has already entrusted temporary custody of the minor to the applicants, and no complaints have been lodged against them. Disturbing this custody arrangement could have adverse effects on the minor’s mental well-being. It has been brought to notice that the minor has also filed suit for the jactitation of marriage against respondent No.1 [Zaheer Ahmed], which is also pending before this court.”
He further noted that following the girl’s custody being granted temporarily to her parents, she had excelled academically, securing the second position in her school. He said the child protection officer’s weekly reports affirmed that she was leading a content life with her parents, performing her daily activities calmly and in good health and that there was no record of neglect in the upbringing of the minor by her parents, nor have there been any complaints of mistreatment from any quarter, including the minor herself.
On January 7, 2023, the Sindh High Court granted the girl’s interim custody to her parents after she gave her consent to live with them.
Published in News Daily on 21 July 2024.
