=> RAWALPINDI- Lahore High Court (LHC) Rawalpindi ben
RAWALPINDI- Lahore High Court (LHC) Rawalpindi bench on Tuesday directed a woman, who had adopted a child, to present the baby in the court on the next hearing as a man who lost his son in Holy Family Hospital (HFH) last December for the custody of the child.
The LHC Judge Syed Sajjad Hussain Shah ordered Nusrat Bibi of Kahota to bring the adopted child in the court on February 6.
During the hearing of the case, the woman appeared in court without the child, requesting to file her written comments but the judge observed that she was not the real mother and only an adopter and she must bring the child in the court.
An interesting situation developed in the court when police investigation officer said that they had recovered a child from the custody of a woman who had confessed the child was stolen from the children ward of the HFH on December 9, the day when the newborn son of Tariq Mehmood, the petitioner was lost.
He further told the court that DNA test of the recovered baby would be carried out to ascertain his parenthood.
The lawyer of the petitioner maintained that the DNA test of the child adopted by the Kahota woman was not on the record and they wanted a new DNA test of the child from a hospital other than HFH.
The petition was moved against the January 9 decision of District and Sessions judge Rawalpindi Mian Khadim Hussain who gave the custody of the baby to the issueless Nusrat Bibi, the adopter, after it was determined through DNA test that the child did not belong to Najma wife of petitioner Tariq Mehmood.
According to the details Chulam Sughran, a lady councillor and a close relative of Nusrat Bibi, in her statement to the DSJ told that she found a baby abandoned in a graveyard in Kahota town and gave it to issueless Nusrat after informing the local police and obtaining a certificate to adopt from local union council office.
Making DSJ, Punjab government through its health secretary, medical Superintendent HFH, Dr. Nasir Shah Inquiry Officer at HFH, Incharge Children Nursery HFH, two staff nurses, Ghulam Sughran and Nusrat Bibi, SHO New Town and the police investigation officer as respondents, the petitioner maintained that the judge announced his decision with out calling and hearing his statement in the custody case.
He said when the boy was found in Kahota he was told that his lost son had been recovered but when the case as taken to DSJ the doctors three days before DNA test told him that it was not his baby just to conceal the crime of the or negligence of the hospital administration. He also changed the outcome of DNA report.
He prayed in the court that the baby should be handed over to him and legal action should be taken against those involved in theft of the baby and production of false DNA report.
Source: The Nation
Date:1/30/2008
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