In a landmark decision, Honorable Ms Justice Alia Neelum of Lahore High court directed police authorities to produce two Dutch girls of Pakistani origin, who were abducted by their own mother and brought to Pakistan in violation of a custody plan with the father of the minor girls. The Honorable High Court while disposing of the petition filed by the father of abducted minor girls, handed over the custody of the girls to the father. The counsel for the petitioner, Mr. Saqib Jillani of Jillani & Co (Advocates & Legal Consultants), argued that the welfare of the minor children laid with the father because he was able to provide better education and health care facilities to the children in Netherlands. He argued that the mother of the children had violated orders of the courts in Netherlands, who had also taken cognizance of the abduction and had directed the Dutch authorities to get the children back to the jurisdiction of authorities in Netherlands.
It is pertinent to mention that although, Pakistan is not a signatory to Hague Convention on the Civil Aspects of International Child Abduction 1980, yet the High Court allowed the father of the children a fast track remedy (in the form of a habeous petition filed directly in the High Court) as opposed to the normal remedy of filing a custody case before the guardian judge, in view of the fact that the mother violated the orders of Dutch Courts. The High Court stressed that it was the duty of the court to uphold sanctity of orders passed by foreign courts in order to protect fundamental rights especially where welfare of minor children is concerned.
“When you try your best, but you don’t succeed
When you get what you want, but not what you need”