Issue of child custody: LHC asks parents to reach agreeable solution till April 14

The Lahore High Court here on Tuesday handing over a child to petitioner Canadian national Ms Roshni Desai directed the father and mother of the child to reach an agreeable solution amicably for his custody by April 14. The court however, directed the petitioner who was not legitimately married to Jahanzeb Niazi of Sialkot, also Canadian national to surrender her passport to the court till disposal of the case.
A representative from Canadian consulate also attended court proceedings. The petitioner an Indian origin Canadian national Roshni Desai through her counsel Aftab Ahmad Bajwa submitted that she gave birth to child on July 10, 2007 from the union of respondent Jahanzeb Niazi in Canada. The child was named Azan Sohail Niazi.
However, due to strain relations they separated in November 2010 and she along with minor child moved to Montreal, Canada and then had the custody of minor till March 7, 2011. She said Jahanzeb had initially visitation right to the minor child but he was not satisfied with the visitation right and wanted more access and full custody of child. Therefore, he started mediation process through negotiation with her and he was given access to minor once a week.
On March 7, 2011 the respondent Jahanzeb took away the minor and disappeared. After repeated attempts she succeeded in establishing contact with the respondent who promised that the minor will be handed over to her soon. But it never happened, she added. She said on March 9, 2011 she received a phone call from Sergeant Detective Sotiriria Klironomos who informed that Jahanzeb had flown out of Canada along with the minor through Toronto Airport to Pakistan on the basis of Pakistani passport of minor Azan Sohail Niazi. At this she contacted Pakistani consulate and made hectic efforts for the return of the minor.
She also filed a petition before Canadian Superior Court (Family Division), Province of Cubic, District Montreal, Canada and successfully obtained an order which directed the respondent to hand over custody of minor to her by not later than March 15, 2011. The Court also granted her legal custody of minor child. She after obtaining the said order also approached Royal Canadian Mounted Police who issued warrants of Jahanzeb on account of abduction and kidnapping of minor Azan Niazi.
She pleaded that Jahanzeb had no right to take custody of the minor according to Canadian laws as well as Muslim Family Laws of Pakistan. She admitted that there was no legal marriage solemnised between them and the minor was born from their union and according to Quran and Sunnah and Islamic Laws of Pakistan Jahanzeb had no right for the custody of minor.
Roshni said the minor also possessed Canadian nationality therefore, legally the minor was citizen of Canada and cannot live in Pakistan. Earlier, the police concerned produced the minor and Jahanzeb in the court of Justice Asad Munir, who allowed the petitioner Ms Desai to meet her son in the courtroom.