Kerala HC stays deportation of three Pak children

Last Updated: Wednesday, July 13, 2011 - 17:45

Kochi: In a relief to three Pakistani
children born to a Keralite woman, the Kerala High Court has
stayed their deportation for two weeks and allowed them to
stay with her in the state.

Their 29-year-old mother, Haseena, who hails from Kadirur
in Thalassery, is relieved that her children, aged between
four and ten, would not be separated from her at least for
now, her lawyer and former state Law Secretary C Khalid said.

Haseena had petitioned the central government and the
court seeking to declare her minor children as Indian citizens
by descent as per 9(2) of the Citizenship Act being children
of an Indian mother and as per 5(2) of the Act for registering
them as citizen of India and prohibiting their deportation.

Khalid said the woman feared that if the children were
forcibly deported they would become destitutes as their
father, Shahid Mohiyudeen, an employee in a Karachi pan shop,
with his meagre earnings would not be able to look after them.

Giving them temporary relief, Justice Antony Dominic on
July 5 stayed the deportation of the children for two weeks.

Mohiyudeen`s father Moinudeen, who originally hailed from
Malappuram, and Haseena`s father Kadar from Kadirur were
friends working in a pan shop in Karachi.

As their friendship blossomed, the two decided that they
should cement it by getting their children married.

As per the Shariat Law, the bride need not be present for
the wedding and Haseena`s father solemnised it in Karachi in
2000. The groom then came to Kerala on a three-month visiting
visa after which Haseena went to Pakistan, also on a
three-month visa.

She was unable to return as she became pregnant, her
counsel said.

Haseena stayed in Pakistan for 10 years without extending
her visa and returned to Kerala with her children in March
this year, a month before her passport was to expire, after
Pakistani police ordered her to leave.

Her relatives, some of whom are well off, have promised
to look after the children, who have since been admitted to a
school in Kerala.

Haseena, who is not educated, says she is prepared to
slog and look after the kids. "If they are sent back, their
father will not be able to look after them," she said.

PTI



First Published: Wednesday, July 13, 2011 - 17:45

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