PESHAWAR, Dec 22: A two-member bench of the Peshawar High Court on Monday handed over custody of a minor boy of five to his mother amidst moving scenes.

Almost all those present in the courtroom, including lawyers and court officials, had a hard time fighting back tears as the boy and his estranged parents cried.

The boy, Kanzul Hasnain, wrapped his arms around his father and was reluctant to accompany his mother. “I will go with Papa,” said the child. At this, the father, Shahid Raza, could not control himself and also started crying. This spectacle left everyone in the courtroom weeping.

Finally, the court officials separated the boy from the father while he was still crying and handed him over to the mother.

When the judge, Justice Malik Hamid Saeed, pronounced the verdict, there was a lump in his throat.

The bench, comprising Justice Malik Hamid Saeed and Justice Shahjehan Khan Yousafzai, had reserved its judgment a few days ago in two writ petitions.

The mother, Dr Fouzia Shaheen, had file petition for getting custody of the minor boy, whereas the father, Shahid Raza, had filed petition for getting custody of his minor daughter, Muizza Iman, who had been residing with her mother.

These petitions were filed against judgments of the additional district and sessions judge, who, while dismissing their appeals in 2002, had ordered that the female child should remain with the mother whereas the male child should remain with the father.

The high court set aside the orders of the appellate court and held that Dr Fouzia was entitled to have the custody of the boy.

The court observed that if at any stage she got herself married, then the father, Shahid Raza, could re-agitate the issue. The court directed him to pay an amount of Rs3,000 as maintenance of the children per month.

The bench also ordered that Dr Fouzia should allow both the minors to remain with their father for a night in a week, preferably on weekends. It was added that on special occasions like Eid, the father would be allowed to take away the children from the custody of the mother.

During the last hearing, the bench had directed both the petitioners to bring both the children with them on next hearing along with their necessary luggage. The child was carrying his school bag, a lunch box and a suitcase having his clothes.

The couple got married in 1996. Later on, in 2000, their relations turned sour. Dr Fouzia claimed that her husband had contracted a secret marriage in 1999 in Vehari.

Shahid Raza claimed that he was asking his wife to quit job and pay attention to the children. However, he claimed that she was reluctant to quit the job and look after the children.