‘How a father can abduct his daughters,’ observes LHC – 20 Nov 2022

Court quashed case against father; wife wants recovery of children from ex

Lahore High Court’s Justice Sardar Muhammad Sarfraz Dogar observed that father was the constitutional head of a family so how an abduction case could be registered against him.

However, Justice Dogar set aside a district court’s order wherein direction had been passed to police to register an FIR against a man for allegedly abducting his own daughters.

The petitioner’s counsel argued that the wife of the petitioner left house on her own will and then got an FIR registered against the husband for allegedly abducting the their daughters.

The petition was filed in district court seeking direction to concerned police to register FIR against the husband for allegedly abducting his two daughters.

The counsel argued that the district court’s decision contradict the decisions of the Supreme Court of Pakistan wherein the country’s top court had declared the father as constitutional and real head of the family.

He requested the court that the district court’s order of registration of FIR against the father be set aside. However, LHC accepting the father’s plea set aside the district court’s order.

It is pertinent to mention that a woman Shabana Bibi had filed a plea in district court seeking recovery of the daughters from her husband’s possession as well as direction to police to register FIR against her husband for allegedly abducting two daughters Sehar and Noor.

As the district court ordered to register FIR against, the petitioner father challenged the district court’s order in LHC contending that the order was passed against the real essence of the constitution as well as the observations and decisions of the country’s top court.

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