Child Custody: Judge hands children to father
‘No father would let his daughter be brought up by a dancing woman’.
LAHORE:
The District Court on Friday handled custody of two children to their father. After six years of legal proceedings, the court ordered the handing over of Waris Ali’s children, Abeeha and Usman to their father after a bailiff and police recovered them from the custody of their mother, Ayesha Ilyas Mahpara, a stage actress and dancer.
The court reached its decision after repeated attempts to summon Mahpara to court had failed. The actress did not turn up for court hearings even after arrest warrants were issued by the court.
Earlier, on Ali’s application, a bailiff along with police officials raided the actress’s home in Allama Iqbal Town and recovered both children. The recovered children were presented before Guardian Court Judge, Safdar Ali Jasra.
Ali had filed a petition under Section 25 of the Guardians & Wards Act 1890. He contended that he had married Mahpara in 1999 and had two children with her.
He dissolved the marriage in 2002 when she became a stage dance. He raised objections about Mahapra’s character citing the 2005 FIR lodged against her in Faisalabad under Section294/188 of the Pakistan Penal Code for objectionable dancing. During proceedings, the judge had directed Mahpara to present her evidence which she failed to produce. She also failed to appear for the cross examination of Ali’s witnesses.
After her failure to appear before court after repeated subpoenas and publication of notices in newspapers, she was proceeded against Ex-parte in February 2011 and the judge directed that the children be handed over to the father.
The judge asked Ali how he would take care of his children. He said, “Just as a father should”. In his verdict, the judge commented that the profession of Mahpara was not approved by society and any prudent father would not let his daughter be brought up by a dancing woman.
Former secretary finance of Lahore High Court Bar Association, Advocate Rabbiya Bajwa strongly condemned the remarks of judge about Mahapra’s profession, calling it a reflection of the judge’s personal mindset. She said that judges had no right to pass remarks about someone’s personal life. She said it demonstrated an irresponsible attitude on judge’s part.
Published in The Express Tribune, June 25th, 2011.
The District Court on Friday handled custody of two children to their father. After six years of legal proceedings, the court ordered the handing over of Waris Ali’s children, Abeeha and Usman to their father after a bailiff and police recovered them from the custody of their mother, Ayesha Ilyas Mahpara, a stage actress and dancer.
The court reached its decision after repeated attempts to summon Mahpara to court had failed. The actress did not turn up for court hearings even after arrest warrants were issued by the court.
Earlier, on Ali’s application, a bailiff along with police officials raided the actress’s home in Allama Iqbal Town and recovered both children. The recovered children were presented before Guardian Court Judge, Safdar Ali Jasra.
Ali had filed a petition under Section 25 of the Guardians & Wards Act 1890. He contended that he had married Mahpara in 1999 and had two children with her.
He dissolved the marriage in 2002 when she became a stage dance. He raised objections about Mahapra’s character citing the 2005 FIR lodged against her in Faisalabad under Section294/188 of the Pakistan Penal Code for objectionable dancing. During proceedings, the judge had directed Mahpara to present her evidence which she failed to produce. She also failed to appear for the cross examination of Ali’s witnesses.
After her failure to appear before court after repeated subpoenas and publication of notices in newspapers, she was proceeded against Ex-parte in February 2011 and the judge directed that the children be handed over to the father.
The judge asked Ali how he would take care of his children. He said, “Just as a father should”. In his verdict, the judge commented that the profession of Mahpara was not approved by society and any prudent father would not let his daughter be brought up by a dancing woman.
Former secretary finance of Lahore High Court Bar Association, Advocate Rabbiya Bajwa strongly condemned the remarks of judge about Mahapra’s profession, calling it a reflection of the judge’s personal mindset. She said that judges had no right to pass remarks about someone’s personal life. She said it demonstrated an irresponsible attitude on judge’s part.
Published in The Express Tribune, June 25th, 2011.