PHC directs bailiff to recover infant girl
PESHAWAR: The Peshawar High Court (PHC) on Wednesday directed bailiff to produce a 30-month-old child before the court within three days.
A division bench of the PHC, consisting Chief Justice Muhammad Raza Khan and Justice Syed Yahya Zahid Gilani, also ordered the rival party in the petition to appear before the court on the next hearing.
The bench was hearing a habeas corpus petition filed by Shaista Manzoor Tamanna, praying the court to grant her custody of her US nationality-holder minor daughter who is in the custody of her former husband. She said her infant daughter was deceitfully transported to Pakistan from the US.
Shaista alleged in her petition that her daughter, Mayra Iman, was in illegal confinement. The petitioner also prayed the court to put the names of her mother-in-law, husband and sister-in-law on the exit control list (ECL), “as my mother-in-law has Canadian nationality and she might take away the child.” The petitioner claimed that she had gone to US along with her parents some 16 years back, but unlike her parents she was not an American nationality-holder.
She said that Rehan Yousaf, her former husband, married her on April 26, 2003, presuming that she was an US nationality-holder.The petitioner stated that when her husband came to know that she did not have the US nationality, he wanted to have paper-marriage with his mother-in-law, Naseem Manzoor, mother of the petitioner.
“On May 5, 2006, he entered into a paper-marriage with my mother,” Shaista said, adding on Oct 15, 2005, she gave birth to a girl child in New York, who was named Mayra Iman.The petitioner stated that in the meantime she was arrested in connection with ticketing business of her parents on charges of committing fraud and was released on parole in 2005.
Shaista claimed that in 2006 she was again arrested on the same charges and convicted consequently. However, she was released in Aug 2007 and deported to Pakistan on March 29, 2008.
The woman claimed that according to rules, her husband and mother had to appear before the concerned officials on June 20, 2008, five years after their paper-marriage, so that he (her ex-husband) could be conferred nationality.
“However, as my mother had come to Pakistan, she could not turn up for that meeting.”The woman said she gave the child into the custody of her sister when she was in prison. “Later she granted temporary custody of the child to Rehan who fraudulently removed the child to Pakistan.”
Source: The News