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27 January 2005 Thursday 16 Zilhaj 1425



KARACHI: Child custody case disposed of


KARACHI, Jan 26: The Sindh High Court on Wednesday disposed of a case against a TV artist Nadia Khan. The case pertains to custody of the child, and the court observed that in the instant case, wrongful custody of the minor does not exist.

Ms Anjum Afzal, mother-in-law of Nadia Khan, sought whereabouts of her grand daughter Alyzeh Iqbal, alleging that the minor is in improper custody of the respondent because Nadia Khan is a TV artist and performs as host in stage shows and most of her time is spent in TV programmes.

Alyzeh Iqbal expressed apprehensions that because of negligence of respondent, there exists a danger to the life and safety of the minor, submitting minor is in unsafe hands after her removal from the custody of the applicant and is being improperly and illegally detained by the respondent.

Applicant's counsel Sohail Hameed told SHC's single bench, comprising Justice Wahid Bux Brohi, that he instituted proceedings in court of Guardian and Ward, but the concerned court raised objection with regard to jurisdiction of the court. He stated that the trial court did not comply the orders and violated the same.

The court observing element of wrongful custody does not exist and no order is to be passed in instant matter as minor was brought in court in compliance with court order and disposed of the same. A contempt of court application was filed in the Sindh High Court by Anjum Afzal, against Family Judge West Karachi for not complying court order.

Her counsel Sohail Hameed submitted that according to High Court order of Jan 18, his client approached the Guardian Judge, Ms Shabana Waheed, but she questioned the jurisdiction of the court while Guardian and Wards Act revolves round the welfare of the minor and the whole scheme of the Act is that the person and property of the minor is to be secured and protected. -PPI


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