ISLAMABAD: Islamabad High Court (IHC) has ordered  to send back  the two children to Poland with their Polish mothers. The court has also directed that children names be removed from Exit Control List (ECL) and their passports be also returned to them.  The petition filed by two Polish women against the father of children in custody of children matter came up for hearing before single bench of IHC led by Justice Mohsin Akhtar Kayani yesterday. The two women were also present in the court along with the children.

Paksitani citizen  Muhammad Salim, Polish embassy authorities and Additional Attorney General (AAG) Muhammad Iqbal Dogal also appeared in the court.  The FIA collected the passports of children and their father under the orders of court.  At the inception of hearing, Barrister Aqeel counsel for Polish women argued the children were brought to Pakistan for two to three weeks but were not sent back. The children are living with their mothers since the last 7 years and are citizens of Poland. They came to Pakistan on visit visa. Both the women lodged criminal complaints in Poland.

He further argued that it is established fact  the children were  with their mothers under the orders of Polish court. Their father promised with their children that they would be sent back to Poland after learning Holy Quran. The mothers of children spent this period of 14 months in difficulty. They were helpless.  The court while referring to the decision of court argued that Justice Khawaja Sharif had sent back Polish children in a similar case in 2010. The family courts of Pakistan too give  minor children to the custody of their mothers. It was prayed in the petition that both the children be handed over to their Polish mothers.

The counsel for Pakistani citizen Muhammad Salim told the court that the court can seek opinion from  the children of age group of above  7 years .AAG said the court has to see the children were with whom last time. The court should decide whoever is  legal guardian either mother or father. AAG said to his view how can the religion of 6 years old child be got changed. He himself said that it was settled with mothers in Poland that they would take the children to church and  he would take them to mosque. This way the children themselves would decide after 18 years they have to go to what side.  The court called the mothers of the two children on rostrum and questioned if the mother of daughter embraced Islam before solemnizing Nikah.

The woman replied she had solemnized Nikah with Salim in 2005 but had not embraced Islam. The court inquired from the second woman had she got married to Salim. She replied she had neither solemnized Nikah with Salim nor had she embraced Islam. “I was in without Nikah living relationship with Salim. The court inquired were the children studying in school at Poland. The women replied the children were studying in Polish school. The court inquired are children studying in Pakistan too.

Published in The Daily National Courier, December, 29 2022

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