Custody question: ‘Dancing women are unfit mothers’

Guardian judge issues arrest warrant for actress in custody battle.


Rana Yasif May 09, 2011

LAHORE:


A guardian judge on Monday issued arrest warrants for a theatre actress and dancer for May 25 for ignoring court orders to hand over her kids to their father since her job meant she couldn’t be a good mother.


Guardian judge Muhammad Nadeem Shaukat had ordered Ayesha alias Mahpara to hand over her son and daughter to Waris Ali, her ex-husband, during ex-parte proceedings on March 8.

The judge said that society did not approve of Ayesha’s profession and the job was not permissible for a Muslim woman.

He said that no Pakistani father would let his daughter be brought up by a dancer. Ayesha had been ignoring court notices for several months and ex-parte proceedings were initiated on February 11.

Ali had filed a petition under Section 25 of the Guardian and Wards Act of 1890 seeking custody of the children.

According to the petition, the couple got married in April 1999 and had a son named Usama and a daughter named Abeeha. He said that under the influence of her sister, Ayesha became a professional dancer and then asked for a divorce from him. The divorce was finalised on August 19, 2002.

During arguments, Ali told the court that his ex-wife had performed some “objectionable dances” and had been booked in a case in Factory Area police station, Faisalabad, under Sections 294 and 188 of the Pakistan Penal Code.

Section 294 calls for a three-month prison term and/or fine for anyone that performs an “obscene” act or song in public. Ayesha denied the charge. The judge directed her to produce evidence in support of her case and cross-examine her husband’s witnesses, but Ayesha stopped showing up for hearings.

The judge issued notices to all her residential addresses and published a notice in the newspapers. But Ayesha did not show up and ex-parte proceedings were started against her on February 11. In a decision on March 8, the judge issued orders that she hand over the children to Ali.

Ali later filed an application for the recovery of the children in the same court. He asked that a bailiff or the police be directed to recover the children. He told the court he could look after them better than his wife.

Published in The Express Tribune, May 10th, 2011.

COMMENTS (11)

Nobody | 12 years ago | Reply Misogyny at its best. I wonder if the judge would take into account if the father was known to be one who frequents prostitutes or dancing girls. Would he say a father of such low morals is an unfit father? Shame on whoever handed down this poorly thought out and sexist decision. Her choice of profession (who knows if it even WAS her OWN CHOICE...?) isn't necessarily a reflection of her as a person or a mother. Wish people could understand that, amidst all this intolerance and narrow-mindedness, in which too often women end up getting the short end of the stick.
Ghouse Mohiddin | 12 years ago | Reply This particular judge is an educated fool. His comments reveal his immaturity. The real judge will interpret the laws and validate/invalidate them. But in Pakistan, the judges are more conservative, more religious, more selfish and blind followers of outdated laws and philosophy. If the society not accept a dancer, then the audience also should be rejected by the same society.
VIEW MORE COMMENTS
Replying to X

Comments are moderated and generally will be posted if they are on-topic and not abusive.

For more information, please see our Comments FAQ