A case of motherhood and emotions

Two women claim to be ‘real’ mother of a minor boy

LAHORE: Like the famous story of the Judgment of Solomon, a family case emerged in the district and sessions court when two women, both claiming to be the ‘real mother’ of a minor boy, demanded custody of the child.



The case proceedings took an emotional turn when both the women broke into tears while recording their statements. Allah Rakhi claimed to be the real mother of Jamshaid, 6, adding she gave birth to him, while Safia claimed Rakhi was telling a lie. The latter claimed she was his real birth mother and that Allah Rakhi was telling a lie.

Petitioner Muhammad Tanveer filed a habeas corpus petition under Section 491 of the CrPC, telling the court that his wife Allah Rakhi gave birth to Jamshaid some years ago.

The biological father of the child said had a good friend named Arshad who was married to Safia and the couple had no children. Tanveer approached Arshad and asked him to adopt Jamshaid.

Tanveer, after discussing the matter with his wife, handed Jamshaid over to Arshad.

Arshad later passed away and Safia, his wife, allegedly started abusing the child over petty issues.

The birth parents asked Safia to return the child to them, but she declined their request.

He prayed the court to direct Safia to produce the boy and hand him over to the biological parents. An affidavit was also produced before the court which stated: “Allah Rakhi is the real mother of Jamshaid and she handed over her son to Safia so the latter could look after him. The minor’s real father is Muhammad Tanveer and the child was handed over to Arshad who had no children. Allah Rakhi will neither demand any allowance from Safia nor file a case against her, while Safia will not demand any compensation against the money she spends on the child.”

A birth certificate was also produced before the court in which Muhammad Tanveer was mentioned as Jamshaid’s father, while Allah Rakhi was his mother.

Jamshaid was not produced before the court on Thursday. The counsel for Safia told the court that the boy would be produced by Saturday (tomorrow).



Meanwhile, the counsel for Allah Rakhi produced two witnesses from Safia’s in-laws who, while recording their statements, said Jamshaid was actually the son of Allah Rakhi and Safia had adopted him.

Additional District and Sessions Judge Saeed Rafique adjourned proceedings till November 11.

Published in The Express Tribune, November 11^th, 2017.