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The Lahore High Court (LHC) here on Wednesday handed over interim custody of Umar Malik, minor son of French national woman Peggy Collin, to Hina Jilani advocate till October 26 after his father produced him in the court. The court also permitted child's mother Peggy Collion and his father Ashfaq Malik to meet their son at Hina's residence.
The court ruled that Ashfaq could meet his son only for an hour, dismissing his counsel plea that Peggy should also be given same duration of time. The judge observed that same restriction could not be imposed on mother because she had not seen her child for two years.
Umar Malik, who was produced in the court after two years, declined to meet his mother and get a bouquet of flowers from her. His mother hugged him against his will. On court's query the child also refused to go with her mother and showed his willingness to stay with his father. The court told the child that he is being sent to Hina Jilani and he would feel home while living with her.
"You had stayed away from your mother for two years. And during that period you might had been tutored such things about your mother that might not be true", the exhorted child in fatherly way.
Hina Jilani, also counsel for Peggy Collin, pleaded that the interim custody might be given to mother against surety or forfeiture of her passport. The court turned down her request saying, "Since a diplomat from French Embassy is present in the court and there are possibilities that she might flow to French along with child only after getting a permission letter from the ambassador.
At this, AK Dogar, counsel for Ashfaq, flouted a suggestion that the child might be given in the custody of a neutral person. Initially, the court recommended the name of Hina Jilani but Dogar objected to it saying neither she nor he are neutral persons because they are party to the case as counsels. However, Ashfaq left it to the court to decide the person who would take care of child till next hearing.
The court finally decided to hand over child to Hina Jilani after she undertook that child would be produced in the court on October 26. As the judge was dictating his order, the child again addressed to court and said he did not want to accompany her mother.
The judge listened him patiently and replied that it would be better for him to reside at a neutral place for the time being because he could not be allowed to stay with his imprisoned father in police station. After the court order, both father and son burst into tears and started crying bitterly in the courtroom. Mother, was also standing on the other corner of courtroom, waiting anxiously for her son.

Copyright Business Recorder, 2009

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