The two children from Japan will remain in the custody of their mother, Erico Nakano, a Japanese citizen, until the case (the children’s father) is settled in the Dhaka Family Court. The Appellate Division has directed the concerned court to dispose of the case in the family court within three months.
The order was issued on Sunday after the High Court ruled in favor of their mother Erico Nakano (leave to appeal) against the two children from Japan. The five-member Virtual Appellate Division headed by Chief Justice Hasan Fayez Siddiqui passed the order.
Earlier, after hearing on the application of the children’s mother on February 8, the Appellate Division fixed February 13 for the order. Accordingly, today the matter came up in the agenda for the order.
The Appellate Division has declared it illegal to hold two children in the custody of their father. Following an earlier order from the Appellate Division, the two children were staying with their mother at a residential hotel in Kutnikpara. The children will remain with their mother as before until the case is settled in the family court of Dhaka
Senior lawyer Ahsanul Karim
In its order, the court said that children cannot be taken out of the jurisdiction of this court (outside the country) considering the circumstance of the case and the interests of the children. The two children will remain in the custody of their mother until the case (father of the children) is settled in the family court of Dhaka in 2021.
It further said that within three months of receiving the copy of the order of the Appellate Division, the concerned family court was directed to dispose of the case within three months. The order of the High Court was quashed. The parents of the children will get a chance to meet them.
Lawyers Fida M Kamal, Fawzia Karim Firoz and Anik R Haque were present in the court on behalf of the children’s father. Lawyers Ajmalul Hossain QC, Ahsanul Karim and Mohammad Shishir Monir were present at the hearing on behalf of the children’s mother.
Erico Nakano, a citizen of Japan, and Imran Sharif of Bangladeshi descent were married on July 11, 2006. They have three daughters. Imran filed for divorce from Erico on January 17 last year. He then moved to Bangladesh with his two daughters on February 21 last year. The little girl is in Japan. However, Erico came to Dhaka on August 19 to get back the two girls aged 10 and 11 from Imran. The two girls were not detained illegally, they were asked to appear in court to ensure that. On the other hand, Imran filed another writ petition to get the little girl back.
The High Court on November 21 ordered that the two children be kept in the custody of their father Imran after hearing a separate writ petition filed by Erico and Imran. Erico appealed to the Appellate Division seeking stay of the order, which became a chamber court for hearing in the regular bench of the Appellate Division.
The Appellate Division later ordered the two children to be kept with their mother. The order states that parents will be able to meet the children at the scheduled time. In addition, the applicant (mother of children) is asked to file regular leave to appeal. The mother of the children regularly left to appeal on February 2 after the High Court issued a full order. The order was given today after the hearing.
Later, senior lawyer Ahsanul Karim told Prothom Alo, “The Appellate Division has declared it illegal to keep two children in the custody of their father. Following an earlier order from the Appellate Division, the two children were staying with their mother at a residential hotel in Kutnikpara. The children will remain with their mothers as before until the case is settled in the family court in Dhaka.