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January 18, 2007 Thursday Zilhaj 27, 1427



CJ wonders can Misbah live with mother



By Nasir Iqbal


ISLAMABAD, Jan 17: Chief Justice Iftikhar Mohammad Chaudhry on Wednesday wondered if the UK-born Muslim schoolgirl, Misbah Irum Rana, could be allowed to live with her mother, who herself was staying with a stranger in Scotland.

A three-member bench comprising the chief justice, Justice Mian Shakirullah Jan and Justice Saiyed Saeed Ashhad was hearing an appeal of Sajjad Ahmed Rana, the father of the girl, to annul the Lahore High Court's order to return his UK-born daughter to her Scottish mother Louise Anne Fairley.

Whether Islamic injunctions permit staying of a young Muslim girl with her mother who herself is living with a stranger in a "steady relationship", asked the chief justice during the hearing. On Wednesday, the father of Misbah Irum rejected the terms of offer by her mother to settle out-of-court on the apprehensions that if her daughter was permitted to go to the UK, she would be prevented from returning back to Pakistan. Last week, the apex court had directed to put their proposals for access in writing.

In a three-page proposal for compromise, Ms Fairley has offered to drop her claim for full custody of her daughter if Misbah was allowed to visit her in Scotland during summer and winter vacations, besides free telephonic and internet access any time. However, the cost of travel to Scotland be borne by the father.

In response, the father agreed to facilitate the mother whenever she decides to travel to Pakistan to meet her daughter.






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