New Delhi: A legal battle for the custody of a four-year-old Pakistani girl has reached the Delhi High Court which today issued notice to the Pakistan High Commission seeking its assistance in resolving the issue involving the child’s paternal aunt and maternal uncle.
The child had lost her Pakistani mother and Indian step father in June this year in an accident while they were on way to Srinagar from Delhi.
An advocate in Lahore, her paternal aunt, sister of the child’s Pakistani biological father who expired in 2012, sought her custody shortly after she was informed about the mishap.
The aunt, Shazia Naz, thereafter filed a habeas corpus plea saying she was in touch with her niece till July 17 after which whereabouts of the child were unknown and wanted that the girl be handed over to her.
The situation today, however, took a surprising turn after the child’s maternal uncle, also a Pakistani national, appeared before a bench of justices Reva Khetrapal and S P Garg, which is hearing the matter, and submitted that he and his wife have custody of the girl.
He also said that he cannot bring the child to Delhi from Srinagar as she is not medically fit to travel due to injuries suffered in the accident.
On the other hand, counsel for Naz said her client be given custody of the child or in the alternative the girl be sent back to Pakistan as she hails from there.
The bench refused to pass any such orders, saying the issue involves Pakistani nationals and the courts in Pakistan are the competent authority.
“If these people are Pakistani nationals, what business do Indian courts have to interfere in the matter. Let the courts in Pakistan settle the issue,” the bench said, adding “It appears to be a custodial dispute”.
It sought assistance of the Pakistan High Commission to ascertain whether the girl is a national of that country and whether her maternal uncle, John Barkat, resides there, as Naz contended that he resides in Japan, even though he is a Pakistan national.
The court also directed Delhi police to verify the passport and present residential address of Barkat and listed the matter for further hearing on August 25, as the child’s visa is about to expire.
