Family court awards permanent custody of Dua Zehra to her parents

KARACHI: A family court has granted permanent custody of Dua Zehra, a teenage girl who was allegedly kidnapped from Karachi and married in Punjab in 2022, to her parents.

The court ruled that “the welfare of the minor is best served by placing her permanent custody with her biological parents until she reaches the age of majority”, said a report by Dawn news on Sunday.

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The court also directed Dua’s parents to submit a personal bond and an undertaking to ensure her well-being and safety, the news report added.

Dua Zehra’s parents launched a legal battle following her disappearance from Karachi in April 2022. After widespread social media criticism and strict orders from the Sindh High Court (SHC), which led to the dismissal of an acting inspector general of police for failing to recover the child, the police found the girl in Bahawalpur. She was subsequently moved to a shelter home on the court’s directive.

In January last year, the SHC granted interim custody of Dua to her parents pending a final decision on their application for permanent custody. The application, filed in 2022, was reviewed by Judge Salamat Ali Soomro of the Guardian and Ward Court/Family Court (East), who issued the order after examining the records and hearing both sides.

The court noted that documents, including the marriage certificate, birth certificate, Form-B, and school records, confirmed Dua was born in April 2008. A special medical board’s report from July 2022 also indicated she was between 15 and 16 years old.

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The court’s primary consideration was the welfare of the minor. It observed that Dua, currently in grade 9, had excelled academically, securing second place in her school since being granted temporary custody to her parents.

Weekly reports from the child protection officer affirmed that Dua was living contentedly with her parents, in good health, and performing her daily activities calmly. There was no record of neglect in her upbringing.

Dua appeared before the court and expressed her preference to stay with her parents, describing her life with them as happy. The court noted that the main respondent, Zaheer Ahmed, her alleged husband, failed to demonstrate any mistreatment by her parents or that her future would be compromised under their custody.

The court also acknowledged the significant efforts made by Dua’s father to secure her custody, noting that Zaheer Ahmed had not effectively contested the application. It emphasised that disturbing the current custody arrangement could adversely affect Dua’s mental well-being.

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The court also noted that Dua has filed a suit for jactitation of marriage against Zaheer Ahmed, which is pending.

Concluding, the court stated that the welfare of the minor is best served by keeping her in the custody of her biological parents until she reaches the age of majority, or until the pending suit and other litigations are resolved.

Zaheer Ahmed and his associates are also facing trial under various provisions of the Pakistan Penal Code and the Sindh Child Marriages Restraint Act, 2013.