PESHAWAR, Oct 31: The Peshawar High Court has transferred the child custody case involving a Malaysian woman and her Pakistani husband from the senior civil judge in Buner to the district and sessions judge in Peshawar.

A two-member bench comprising Chief Justice Tariq Pervez Khan and Justice Qaim Jan Khan ordered on Tuesday that the district and sessions judge should decide within one month the suit filed by Ms Bakht Zeba, paternal grandmother of the child, Arman Khan, seeking his custody.

The bench observed that despite hectic efforts made by the court for reconciliation between Siti Nazeera and her husband, Fazal Azeem, it appeared that at present there was no such possibility.

The court asked Mr Azeem to take the baby on every Saturday to the Malaysian High Commission for meeting his mother. The bench further ordered that the child should stay on that day with his mother from 10am till 4pm and if she wished to keep the child for a night the father might allow that.

The PHC chief justice had taken suo motu notice of the issue after the woman’s appeal appeared in a Malaysian newspaper. He later converted the appeal into a petition. The bench observed that as the suit had been pending before the senior civil judge in Buner, therefore, this court could not decide the child’s custody issue. The court observed that as it would be difficult for the woman to visit Buner for pursuing the case, therefore, it would be appropriate to transfer it to Peshawar.

The woman requested the court to hand over the child to her. At present, the child, who is about 11 months old, is with his father.

Ms Nazeera was accompanied by her mother, Ms Siti Bint-e-Abdullah, and the deputy head of Malaysian mission in Islamabad, Roseli Abdul.

Advocate Abdul Lateef Afridi appeared for the man and Advocate Arshid Khan represented the woman.

Ms Nazeera has also filed a case for dissolution of her marriage in Malaysia. Mr Azeem had married Ms Nazeera in Malaysia.

The boy was born in Kula Lumpur on Nov 14, 2006. The family later moved to Buner, the native district of Mr Azeem. In July, the woman returned to Malaysia without her son.

Mr Azeem filed a suit before the senior civil judge in Buner under the Guardian and Wards Act, requesting the court to appoint him as guardian of the child. The court on July 7, 2007, allowed temporary custody of the child to his mother. However, the child’s grand mother filed another suit requesting that the boy may be handed over to her. The bench inquired from the woman’s father-in-law, Abdul Ahad, whether he would treat his own daughter in same manner. Mr Ahad claimed that he treated Ms Nazeera like his daughters. He said he wanted the woman to stay with them and he would arrange air ticket once in a year for her travel to Malaysia. Ms Nazeera disputed the claim and said that he was interfering in their life.