However, the court ruled that the father of three-year-old Abdullah was always at liberty to meet his son.
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Abdullah was brought to the Edhi Centre by Rizwan Ayaz Khan, said to be the main suspect, on May 25. Khan had told the officials at the shelter home that the child was found abandoned near Do Darya. On May 31, the police found the partially decomposed body of Halima, Abdullah’s mother, inside her flat in Delhi Colony on May 31 this year.
Investigations led the police to conclude that Khan was a prime suspect. He and his wife, Sonia, have already been remanded to prison.
In June, Abdullah’s father Chaudhry Mohammad Iqbal, moved an application under Section 25 of the Guardian and Ward Act, 1890 seeking his custody. Initially, the applicant also submitted no-objection certificates (NOC) on the behalf of child’s maternal grandmother, Bibi Shamim, and uncle about his custody.
Last week, Shamim became an intervener and withdrew her NOC. She sought Abdullah’s custody claiming responsibility for his welfare.
At the last hearing, the National Database and Registration Authority (NADRA) informed the court that the marriage certificate of Iqbal and Halima was verified and found to be authentic.
During Friday’s proceedings, the judicial magistrate and family judge (south) Saifullah Phulpoto heard the arguments of lawyers for the applicant, intervener and the Edhi Foundation. He directed Edhi Foundation to hand over Abdullah’s custody of Abdullah to Shamim and submit a compliance report.
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The court ruled that the decision was taken in the prime interest and welfare of child since the intervener will give affection and love to the minor.
The court directed Shamim to make sure that the child is brought up properly and his custody will not be given to anyone without the court’s permission.
The intervener was also asked to produce Abdullah before the court every year or when required by the court in order to ensure that he was being brought up properly.
The court said that there was no restriction for Iqbal to meet his son, adding that the applicant was always at liberty to come together.
Published in The Express Tribune, July 30th, 2016.
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