IHC brings couple together in child custody case

Encourages couple to bury the hatchet, makes them promise not to hurt each other again

ISLAMABAD: Islamabad High Court (IHC) became a force of reconciliation between spouses while hearing a case of child custody.

Owing to encouragement by the court, the couple ended their row and went home with the child. Ruqayya Khursheed had filed an application against her husband Mohammad Naeem, an employee of the Pakistan Navy, in IHC demanding custody of their children.

Justice Mohsin Akhtar Kiyani heard the case and kept encouraging spouses to consider reconciliation rather than taking measures demanded in the petition.

Justice Kiyani provided three chances to spouses for reconciliation in last two hearings. He pushed them to realise that their relationship had moved a step ahead after the birth of their children and suggested them to reconcile and forget their differences for the sake of their children. The court kept adjourning the hearing from August 1 to 5 with the same advice. When the proceeding resumed on August 5, the court emphasised once again on reconciliation and listened to grievances of both sides.

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Justice Kiyani pointed out Ruqayya and remarked that the court would ensure in black and white that after reconciliation, the chapter of custody case would be closed and Naeem would not scold or say anything which would trouble their relation in future.

He added that Naeem would never taunt nor grumble in the future. When Ruqayya informed the court that her spouse had threatened to leave the house, Justice Kiyani said, “Many husbands walk out of the house in anger saying they will never return but eventually the comeback.” He advised Ruqayya not to take Naeem’s words seriously.

Naeem taunted that it was only learned after the marriage that a man becomes a woman and vice-versa. At this, Justice Kiyani remarked that taunting was privilege of wives not husbands. He said that after children, husband and wife require to come out of the honeymoon period.

The court called Ruqayya and Naeem on rostrum to inquire about the issue. When the court asked Ruqayya whether she wanted a divorce to which she replied in negation while Khursheed answered the same when asked by the court. The court then asked Ruqayya about apple of discord to which Ruqayya started complaining about behaviour of her in-laws. At this, the court observed that it did not find a big issue in the entire matter and asked Naeem the same to which he replied that he could not identify any big problem as well however he complained that his wife’s attitude usually got changed when she talked with her family over the telephone.

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Justice Kiyani expressed that the problem was not between the couple but the real issue lied with advisors on both sides. After this, the court again granted thirty minutes to the couple for reconciliation and observed that if they both did not reconcile now, they would keep making rounds to courts in Islamabad and Karachi. After the given period, the court’s efforts proved to be productive. The court disposed of the case with directions.

Published in The Express Tribune, September 6^th, 2019.