LAHORE, Sept 19: Louise Anne Fairley, the mother of Misbah Iram Rana (Molly), has moved the Lahore High Court in a writ petition seeking custody of her daughter who, she stated, was abducted by her former husband and daughter from lawful custody.
The court on Tuesday issued preadmission notices to petitioner’s former husband Sajjad Ahmad Rana and daughter Tehmina, asking them to submit their reply by Sept 26.
Moved from Glasgow, through advocates Zahid Naseem and Naheeda Mahboob, the petitioner stated that her 12-year old daughter was removed illegally from her lawful custody on Aug 28 by the respondents despite a restraining order by the Scottish police.
She submitted she approached the police in Glasgow expressing the fear that her former husband would abduct Molly Campbell.
But the respondents, she stated, kidnapped the girl and took her to Pakistan where she was being forced to live with them. She stated the Pakistan government was under a legal obligation under a bilateral agreement which provided that abducted children were to be repatriated as minors to the place from where they were abducted.
The act committed by her former husband and daughter was illegal and spoke of a malafide intention.
She also stated she was indisposed and could not travel to Pakistan. She was aware of the repercussions of her separation from Sajjad, but the force of the law should prevail over domestic problems, she said.
The same court on Sept 8 had restrained the Punjab police from arresting teenaged British national Misbah and handing her over to a third party till a local guardian court decided the matter of her custody and guardianship.
The guardian court also issued a similar order, and is now scheduled to take up on Sept 30 the petition of Sajjad who requested the court that Misbah should be given in his permanent custody.