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Austrian children’s custody case record summoned PDF Print E-mail
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Written by Daily Times, Pakistan   

LAHORE: Justice Mian Saqib Nisar of the Lahore High Court (LHC), on a habeas corpus petition for recovery of two Austrian children from their mother, has summoned the record of the case by March 24.

Mag Alfred Bratranek, third secretary at the Austrian Embassy in Islamabad, moved the petition on behalf of Josip Stimac and Stefica Stimac, the maternal grandparents of Sana Saleem Syed, 13, and Abrash Syed Shah, 6.

The petitioner’s counsel, Aftab Bajwa, submitted the children’s mother, Melitta Syed Shah, wife of Syed Iqbal Hussain Shah, was arrested on January 11, 2008 from the Lahore airport on drug charges.

He said the woman was in Kot Lakhpat Jail and both the children were living with her without any charge against them.

The counsel said an Austrian court ordered the children be given into the custody of the maternal grandparents, but the jail superintendent refused to release them and advised the petitioner to get an order from a Pakistani court.

The counsel requested that directions be issued to the jail authorities to give custody of the children to the embassy.

In reply to the petition, Melitta’s counsel took the stance that she could not give children, as they were from her second husband, Mirza Saleem Baig, who had no objection to the children living with their mother.

Bajwa said that Iqbal had divorced Melitta, but he was the children’s father. He also informed the court that a third child Aamir, 16, had already been given into the maternal parents’ custody by an Austrian court. He requested that all record of the case be called for inspection to decide the matter. The judge remarked that events took a new turn with the woman’s statement and it would be better to examine all the record before deciding the matter.


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