While adjudicating over plea of a Turkish father who claimed that his Pakistani wife holding Japanese citizenship has detained an infant baby in connivance with her relatives on Tuesday additional district and sessions judge Sultan Ali Laghari ensured presence of the child in court.
A Turk national Deniz Kizmaz who is running businesses in Japan got married to a Pakistani lady holding Japanese citizenship in Japan a few years ago. In result of the wedlock, two daughters and a baby boy were born. The baby boy was born on March 22, 2021, at Hyderabad.
It is pertinent to mention that both the husband and wife have signed a separation deed in Japan before birth of the baby boy under free consent but under Pakistani law they are still wife and husband.
Appearing before the court on Saturday petitioner’s counsels Advocate High Court Sharafat Ali Chaudhry and Umer Sajjad Chaven apprised the judge that two minor daughters who were born at Istanbul, Turkey are now residing under the care and guardianship and custody of Petitioner (father); whereas the youngest minor son, who was born at Hyderabad, Pakistan, is in illegal custody of relatives of their client’s wife.
The counsels contended before the court saying as their client has been left with no other option except to invoke the jurisdiction of the court for redressal of grievance and recovery of the minor detainee from the illegal and improper custody of the Respondents. The counsels sought court’s directives for recovery of minor from illegal and improper custody of the Deniz Kizmaz’s wife relatives through local police.
The court was also informed that a case of minor custody was under adjudication before a family court Hyderabad saying their client has told them that during an earlier communication mother of the minor has extended threats to Deniz Kizmaz amid demanding a huge amount as visitation charges from Deniz Kizmaz.
Counsels also urged the court to issue directives to the respondents to ensure protection of the minor child and barring them to not travel abroad till final adjudication of a custody suit in the matter. Accepting the habeas corpus plea in the matter, the judge issued directives to station house officer Latifabad police station to recover the detainee from illegal detention of relatives of the Daniez Izmaz’ wife and produce before the court on Tuesday.
On Tuesday, all the respondents appeared before the court, assuring the judge that they will protect the minor whereas Uzay OZTURK, vice-consul Turkish Consulate General in Karachi also remained present in the court during all the proceeding.
After getting assurance that all the respondents will protect the minor life, additional district and session judge Hyderabad disposed of the case with directives to parties to appear before the family court for custody of the child matter.
The writer heads a leading news wire service ‘The Law Today Pakistan’ commonly known as TLTP. He has a special focus on news relating to superior courts adjudication, access to right of information, civil, political, social and economic rights under the approach that existing cyber regime realization ensures procedural fairness in administrative law. He can be reached at editor@tltpnews.com
