September 3, 2026
By Hashir Ahsan
ISLAMABAD
The Federal Constitutional Court of Pakistan, in a highly significant and landmark case regarding the custody and alleged abduction of a minor child between US-based parents, has set aside the Sindh High Court’s decision dated March 16, 2026, and allowed the appeal. The apex court ruled that after the final decision of the foreign (US) court, the execution of the orders of the Guardian & Family Court in Karachi, and the child’s return to the US in accordance with the law, the withdrawal of previous orders by the Sindh High Court (SHC) and issuing orders of contempt of court and cases against the father cannot be legally sustained.
Background of the case
The civil petition (F.C.P.L.A No. 1183 of 2026) was filed against the order dated 16.03.2026 passed by the Sindh High Court Karachi under CMA No. 2420 and 9641 of 2024.
The case was heard by a bench comprising Chief Justice Amin-ud-Din Khan, Justice Ali Baqar Najafi, and Justice Rozi Khan Bareach. This judgment of the apex court was authored by Justice Ali Baqar Najafi.
According to the facts of the case, the petitioner Muhammad Faraz Sheikh is a resident and citizen of the State of North Carolina.
In Pakistan, he was represented through his authorized attorney, Muhammad Abdullah.
Javeria Shahani is a permanent resident of the USA and holds a NICOP (National Identity Card for Overseas Pakistanis); however, she is currently residing in Pakistan. Muhammad Faraz Sheikh and Javeria Shahani were married on August 21, 2017, in the USA, after which they also came to Pakistan for their reception ceremony. In January 2019, a son was born to them, named Ruhan Faraz Sheikh. The child is an American citizen by birth and possesses an American passport and citizenship.
Jurisdiction in the US and temporary custody agreement
Due to mutual differences, the couple separated on October 2, 2021. Following this, a legal battle for the custody of minor Ruhan began in the US court. On February 3, 2022, the General Court of Justice, District Court Division (State of North Carolina) issued an order for temporary joint physical custody of the child.
Under this arrangement, it was decided that every two weeks, the minor child would remain with the father (petitioner) for five days and with the mother (Javeria Shahani) for nine days. Both parents were bound to make joint decisions regarding the child’s health, education, and day-to-day activities.
Illegal abduction of the child to Pakistan
Abiding by the agreement, the petitioner (father) reached the designated exchange location on May 6, 2022, but the mother and child did not arrive, nor did she answer any phone calls. The father contacted Javeria Shahani’s lawyer, who was also unaware of their whereabouts.
Eventually, the US Police and Detective Bonaparte of the Missing Persons Unit of the Charlotte-Mecklenburg Police Department (Case ID No. 20220508134002), with the help of airport CCTV cameras, discovered that Shahani had moved from JFK Airport, New York, to Doha and then to Karachi on April 28, 2022. She had booked the flight in the name of her father, Mushtaq Shahani. Upon reaching Pakistan, Shahani filed a Guardianship Petition (Guardianship Petition No. 20 of 2022) before the Family Judge Malir, Karachi, without the father’s knowledge or permission, and attempted to obtain Pakistani citizenship for the child.
US court orders and arrest warrants
Upon the illegal removal of the child, the District Court of North Carolina issued an ‘Ex-Parte Temporary Emergency Custody Order’ on May 9, 2022, directing the mother to immediately hand over the child to the father and return to North Carolina.
The US court also requested Pakistani authorities to take custody of the child and hand him over to the father. Attorney David Freeman from the Council for Children’s Rights (CFCR), appointed by the US court, testified in court that the child’s presence with the mother posed a serious risk of emotional and physical harm to the child, whereas the father was a suitable and loving guardian, and all allegations made by the mother proved to be false.
The US court sentenced Javeria Shahani to 30 days imprisonment and a fine of 500 US dollars under ‘Criminal Contempt of Court’ and a serious offense (Felony Custody Order) for child abduction and non-compliance with the court, and federal and state arrest warrants were issued against her.
The petitioner father filed a constitutional petition (Const. Petition No. 678 of 2022) in the Sindh High Court. On March 16, 2023, the Sindh High Court restrained the Guardian Court from proceedings until the final decision of the US court.
On June 9, 2023, the US court decided the final and full custody in favor of the petitioner (father). The Sindh High Court disposed of the case on October 6, 2023, directing the Family Court to decide the matter within one month, keeping in view the amendment of Section 6-A of Schedule-1 of the Family Courts Act 1964.
On January 18, 2024, the Family Court (Karachi) announced the verdict that since the child’s custody issue had already been decided by a foreign court, Shahani was ordered to hand over the child to the father through the American Consulate in Karachi. The FIA and Human Trafficking Cell Karachi were empowered to recover the child and hand him over to the American Consulate. The court held that under Section 19 of the Guardian and Wards Act 1890, Javeria Shahani’s petition was not maintainable.
Javeria Shahani filed an appeal (Appeal No. 06 of 2024) against this decision before the District Judge but withdrew her appeal on February 17, 2024, making the Family Court’s order final. Meanwhile, the Sindh High Court ordered on January 25, 2024, that the child be handed over to the father through the American Consulate, and on February 2, 2024, the child was presented at the US Embassy and moved to the USA.
In exchange for this compliance, the petitioner (father) gave a written guarantee to the US court to withdraw the arrest warrants and contempt of court proceedings against Javeria Shahani, and on March 14, 2024, submitted the warrant cancellation order before the Sindh High Court.
Controversial order by SHC
The matter heated up again when Javeria Shahani filed two new miscellaneous applications in the Sindh High Court:
CMA No. 2420 of 2024: Requesting that the father provide documents regarding the cancellation of warrants and arrange regular video call meetings with the child.
On March 16, 2026, the Sindh High Court, while withdrawing its previous order (dated 25.01.2024), ordered contempt of court proceedings and an FIR against the father. The Sindh High Court stated that custody of the child be given to the mother; otherwise, an FIR for child abduction be registered against the father.
The High Court also ordered the mobilization of the Ministry of Foreign Affairs, Ministry of Interior, and Human Rights departments, setting the next hearing of the case for April 20, 2026.
Final judgment
Justice Ali Baqar Najafi clarified in his judgment that the Sindh High Court ignored basic legal and factual facts in its order of March 16, 2026, and further wrote in the judgment that the order of the Guardian Court Karachi had become final when Javeria Shahani withdrew her appeal from the court of the Additional District Judge.
Javeria Shahani herself has challenged the June 9, 2023 decision of the US court in the Appellate Court of North Carolina, which is still pending. When she has submitted herself to the jurisdiction of US law, parallel orders cannot be issued at the local level.
A foreign judgment becomes final when it is issued by a competent court, rendered on merits, and is not contrary to international or local laws.
Guiding principles under the Hague Convention 1980:
a. While deciding child custody disputes between parents holding citizenships of different countries, the court will take into account the jurisdiction and legal standing of the judgment of that foreign court.
b. Unlawful removal or retention of a child from his habitual residence will be considered a violation of law and conventions.
c. Unless it is proven that the child has become well-settled in the new environment, the child shall be returned immediately to his state of habitual residence.
d. After receiving notice under the Hague Convention, local courts shall not decide on the merits of custody rights until it is determined that the child’s return to his original country is not possible.
The Federal Constitutional Court of Pakistan converted the petitioner’s constitutional petiti
on into an appeal, allowed it, and set aside the Sindh High Court Karachi’s order dated March 16, 2026.