KARACHI: A family court has permanently handed over the custody of Dua Zehra, the teenage girl who was reportedly kidnapped from Karachi and married in Punjab in 2022, to her parents.

The court said the “welfare of the minor is best served by placing her permanent custody with her biological parents until she reaches the age of majority”.

It also directed the parents of the girl to submit a personal bond, along with an undertaking, to ensure the girl’s “happiness in all aspects of life” and to refrain from causing her any harm.

The parents of Dua Zehra had waged a legal battle after their daughter’s disappearance from Karachi in April 2022. Following strong criticism on social media and strict orders passed by the Sindh High Court (SHC) that also sent packing an acting inspector general of police over his failure to recover the child, the police finally recovered the minor girl from Bahawalpur. She was later shifted to a shelter home in the city on a court directive.

Child protection officer has informed court that the teenage girl is leading a content life with her parents

In January last year, the SHC had granted interim custody of the girl to her parents subject to a final decision in an application filed by her parents for permanent custody pending before a guardian and ward court/family court.

The parents had filed the application in 2022 seeking permanent custody of their daughter. After examining the record and hearing both sides, Judge Salamat Ali Soomro of the Guardian and Ward Court/Family Court (East) pronounced the order.

The court in its order noted that all the documents including the marriage certificate of the applicants, birth certificate of the girl, Form-B and school record of Dua Zehra indicated that she was born in April 2008 while a special medical board, convened to determine her age, in its report issued in July 2022 also concluded that she was between 15 and 16 years of age.

The paramount consideration before the guardian court was the welfare of the minor in deciding the custody, the court observed.

From review of the record, it is undisputed that the minor was currently enrolled in 9th grade and, subsequent to being granted temporary custody to her parents, she has excelled academically, securing second position in her school, the court order said.

It also noted that the weekly reports of the child protection officer also affirmed that the girl was leading a content life with her parents and performing her daily activities calmly. She is also in good health while there was no record of neglect in the upbringing of the minor by her parents, it added.

The underage girl also appeared before the court and “her intelligent preference has been recorded as she unequivocally expressed her love for parents and described her life with parents as happy”, it added.

The family court also stated that the main respondent, Zaheer Ahmed, the alleged husband of the underage girl, had failed to demonstrate that the minor girl was not well-treated by her parents, the applicants, or her future would be jeopardised if the custody was retained by them.

As per record, one of the applicants, minor’s father, has made substantial efforts to secure the custody of his daughter “by pursuing legal avenues underscoring his love and dedication” to his daughter while the main respondent had not even effectively contested this application, the judge remarked.

The SHC had already entrusted temporary custody of the minor to the applicants and no compliant had been lodged against them and “disturbing this custody arrangement could have adverse effects on the minor’s mental well-being”, it added.

“It has been brought on notice that the minor has also filed a suit for jactitation of marriage against the main respondent, which is pending before this court,” the judge noted.

“Based on the foregoing discussion, I am inclined to conclude that the welfare of the minor is best served by placing her custody with her biological parents. It is therefore in the minor’s best interests for the applicants to retain permanent custody until she reaches the age of majority, or as otherwise fate of marriage is determined in pending suit for jactitation of marriage and other litigations,” it concluded.

Zaheer Ahmed, along with his relatives and other persons, has also been facing trial before a sessions court under various provisions of the Pakistan Penal Code and the Sindh Child Marriages Restraint Act, 2013.

Published in Dawn, July 21st, 2024