Pak High Commission may decide custody of Pakistani child: Delhi HC
New Delhi: The Delhi High Court on Monday disposed of a petition over the custody issue of a minor Pakistani girl whose paternal aunt has moved a plea here for custody of the child staying with her maternal uncle.
A bench of justices Reva Khetrapal and SP Garg said the girl`s deceased`s parents and her maternal uncle are Pakistani nationals and the Pakistan High Commission and courts in Pakistan are the competent authority to decide the issue.
The court further said "the Pakistan High Commission was asked to come but they did not come. We have even sought its assistance for resolving of the issue but they did not respond.
"It is for the Pakistan High Commission to look into the matter. However, none appeared for the Pakistan High Commission," the court said, adding the paternal aunt can approach the Pakistani High Commission and in case they do not hear her, then she can move to Ministry of Home Affairs (MHA) for any other remedy.
The court disposed of the plea observing that the status report filed by Delhi Police and state of Jammu and Kashmir shows that all the parties are Pakistani nationals and their visa expire on September 30.
The child had lost her mother and step father in June this year in an accident on her way to Srinagar from Delhi, after which the paternal aunt, an advocate in Lahore, 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 seeking that the girl be handed over to her.
The situation, however, took a new turn after the child`s maternal uncle, also a Pakistani national, appeared before the court and had submitted that he and his wife have custody of the four-year-old girl.