PESHAWAR: The Peshawar High Court (PHC) on Saturday handed over two children to their mother, who had been taken forcefully by their father.
The petition, filed by Ayesha Rahim, the mother of two children, Zawiyar, 3, and Zarghoon, 4, was heard by Chief Justice Ishtiaq Ibrahim and Justice Wiqar Ahmad.
Counsel for the petitioner Akhunzada Ahmed Saeed Advocate informed the court that his client was a Ph.D student, who had been married to one Mustafa Kamal, a resident of Azakhel, Nowshera, six years ago.
He pleaded that they had two children Zawiyar and Zarghoon but later differences developed between the couple and the husband took the custody of children from the wife forcefully.
The lawyer argued that it was the right of a mother to have custody of the children, as both Islamic and Pakistani laws clearly supported this, especially for young children.
The lawyer contended that the father had previously taken the children by force, but they were recovered through police intervention, and the court had granted interim custody to the mother.
Despite giving an opportunity to the couple for a reconciliation by court, he said that both the parties were unable to reach an agreement.
During the previous hearing, he said the court had ruled that the case would be decided on merit.
He pleaded that the mother was educated and that she could provide a better environment to her children, and both Pakistani law and Islamic principles allow young children to remain with their mother.
The court, after hearing arguments from both sides, ruled that the children should be handed over to their mother.