The Lahore High Court on Friday hand over an 11-year-old girl to her French mother after recovering her from the Pakistani father’s illegal custody. The girl was recovered from a hospital at the time she was visiting her father who had recently suffered a heart attack.
The matter had been before the court since 2009, when Amina Tarar’s father, Abdul Razzaq Tarar, had filed a petition seeking her custody.
During Friday’s proceedings, Justice Manzoor Ahmad Malik ruled that the law did not allow the father the child’s custody at this age. Overruling the girl’s plea for being allowed to live with her father, the judge observed that the court had to act in line with the law irrespective of the child’s sentiments.
The petitioner’s counsel, Advocate Bushra Qamar, said her client and his daughter were Muslims, while the respondent, Ingrid Brandon Burger, was a Christian. She argued that a Muslim child could not be given a non-Muslim’s custody. She claimed that the father had been taking proper care of the child. She said the girl too did not want to be sent to live with the mother.
Respondent’s counsel Chaudhry Zulfiqar Ali told the court that the father had been holding the girl in defiance of orders of a French custody court as well as a Pakistan court that had both granted custody to the mother. He alleged that the petitioner was trying to mislead the court by hiding facts.
Earlier, the petitioner had told the court that he had married Burger in France in 1999. After the birth of their daughter, the relationship between him and his wife had deteriorated and he had brought the girl to Pakistan with his former wife’s consent. He had requested the court to grant him custody of the daughter.
Burger said the petitioner had “secretly” brought the girl to Pakistan in 2005 after she had been granted the child’s custody by a French court. She said she had then filed another custody case in a family court in Pakistan, where again she was granted the custody. Razzaq’s appeal against the order was dismissed in 2008, but he still did not let go and in 2009 filed a petition before the LHC seeking court directions in his favour.
On her application, three days ago, the girl was recovered from Razzaq’s custody and brought before the court in the absence of her father and was handed over to the mother.
Burger’s counsel told The Express Tribune that his client would take her daughter back to France in a few days.
This is the second case of international parental child custody involving a French citizen in three years, where LHC awarded custody to the mother. In 2009, a high profile case of a French mother, Peggy Collin, emerged in media. Collin campaigned for the recovery of her minor son from the father. With the support of rights activists, Collin, launched a campaign through media.
She now lives in Paris with her son and has been helping Burger in the search for her daughter in Pakistan, also with the help of the French Embassy. Once the case got public attention, the Punjab government intervened to help the recovery of Collin’s son.
WITH ADDITIONAL REPORTING BY RABIA MEHMOOD
Published in The Express Tribune, February 18th, 2012.
COMMENTS (14)
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Open minded French women who accept and tolerate all faiths are paying a huge price..let this be lesson to all French women.
@ Adnan: I agree with you. You know we are Muslims because we are born Muslims and the majority of the people above don't even know the true essence of Islam and what is it all about. They don't think and just speak. That is why today we are so weak nation and we are the guys defaming Islam also which is the BEST religion.
I hope these guys will learn one day. You cant make anyone Muslim by force.
And if someone thinks that Father has more dominance over the mother than you are certainly wrong... plz go and correct your facts. Its the mother who is bearing all the pain when the child is born not the father ...
don't want to say anything more...
Sorry if i am hurting anyone's feeling.. this is just what i think and i m not imposing on anyone.
@Sana-Ullah: Isn't "justice" a rule by Allah set for us? Should it be overlooked? Shouldn't we live according to it whether we like it or not?
@Adnan: We are the Muslims and have to follow the rules set by the God for us, whether we like it or not. we cant live our lives without religion and there is nothing wrong to bring religion every where...
@naqvi:
I an not hurt because of your comment, bro. I am very glad to see your comment and I think that you are also a good person like me. If a father takes away a child from mother without any reason and without telling that to mother that I am taking the child to some other country and when the child is very young as well, then it is kidnapping. The father should not have involved the girl in whatever is between him and her mother. Amina should have said something similar to “I love my mother as well, but I want to stay with my father” instead of “I do not want to go with a white woman”. This is brainwashing, bro. Who taught that to her?
And about gaining votes, this is the first time I commented; it is not about gaining votes I am not going to become president because of these votes.
@Adnan: M sure u r not father yet or if u r then m sorry on ur mentality.i dont curse u to face such situation but suggest u ,dnt try to gain votes by saying rubbish. What do u think if ur father takes u away from ur mom is it kidnapping????????wake up brother. Y not to bring religion in everything? V r muslims n v r bound to obey Islamic laws. Babies are known by their fathers. In foreign countries they hv started asking mother name at the time of admission bcz mostly foreign women dont know who is father of this kid. Dear brother,u dnt take it as personal but m hurt wid ur comments. I also accept the decision but saying tht she ws kidnapped n brain washed by her father is not good. what do u think now what this Christian mother would be telling her daughter that her father is very nice man????? no dear she ll again brain washed her. U ll understand it some day.stay blessed,ameen.dnt mind if i hurt u.
@Adnan: Thank you and well said. .
And what exactly is wrong with marrying a christian or white woman? Are they not human? So many posters have made inane remarks that it seems ET is being run over by regressives and xenophobic bigots.
court did right thing. why father got married white and christian women.
The decision of the court should be applauded! The comments above seem a bit baseless since the father married the french woman in france hence agreeing to abide by their laws. The custody was already granted to the mother, so technically he kidnapped the girl.
@abubakar @Akhter @Khan please go join a school and learn some basics of law.
Beghairat PAKI Qum who is accepting the KANGRO COURTS DISCISIONS.
Shame on us. and still we are muslim. Shame Shame..........................................
shem for mother his girl.i hope she will get lots of love from her father
@abubakar:
Always bring the religion in everything. Her father kidnapped her. She is clearly brain washed by her father and other relatives. How can a daughter say that she will not go with a "WHITE" woman? Is being a "WHITE" a crime? How can a daughter who is perhaps 10 years old say that she will not go with a "CHRISTIAN" woman? Is having a religion other than Islam a crime? Can a 10 years old is old enough to say that? Did her mother harm her or her father? No! she did not harm them. They were her father's "WORDS" not her own. Her crimes are that she is "WHITE" and "CHRISTIAN". I am sure she will understand that her father was wrong. The thing her father would have told her about her mother, she will soon find them false. I hope she will get lots of love from her mother.
I do not like the way ARY News and other channels are showing it to people.
@abubakar: " It is legal kidnapping by a judge of high court that a girl weep but you forcefully kidnape her and hand over to her christian mother who will make her christian by force"
It is a case of kidnapping but is is the FATHER that had kidnapped the daughter and has used 7 years of illegal possession to brainwash his daughter against the mother.
I am very sad she will become christian.What has happened to our pakistani who sell their daughters forcefully to christian under the cover of law. It is legal kidnapping by a judge of high court that a girl weep but you forcefully kidnape her and hand over to her christian mother who will make her christian by force.Girl do not want to go but you force her like an animal is sold. Allah willl never forgive pakistani. It is the will of girl either she wants to remain in pakistan or france or anywhere but she is weeping and you kidnaaped her forcefully to give to france from where she will never come. Oh my ALLAH help her ameen