Custody Battle: Japan-born kids to stay with father
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The High Court yesterday directed that two Japan-born children of Japanese national Eriko Nakano and Bangladesh-born US citizen Imran Sharif will remain with their father
It also said their mother will be allowed to meet them three times a year.
"Eriko can meet her daughters, Nakano Jasmine Malika, 11, and Nakano Laila Lina, 9, exclusively for 10 days at a time and Imran will bear her travel and other relevant expenses during these periods," the court said.
Besides, she can also meet her children in Bangladesh at any other time at her own expenses because she lives in Japan and is a service holder there, the HC bench of Justice M Enayetur Rahim and Justice Md Mostafizur Rahman said.
Delivering the verdict, the bench expressed hope that both parents will take constructive and positive steps for their welfare.
"Any party involved in this case [writ petition] may win, but it is the two children who will be the victims. We have heard statements from the children three times and we are delivering the judgement considering their welfare in our conscience," Justice Enayetur Rahim said.
In the observation, the bench directed the father to ensure that Jasmine and Laila can talk to their mother over video calls twice a month.
Imran, 58, has also been ordered to give Tk 10 lakh, within seven days, to Eriko for her expenses so far in Bangladesh.
The court asked the social welfare officer concerned in Dhaka to submit a report on the status of the children before it through the Supreme Court registrar general's office every three months
The HC bench delivered the verdict following a writ petition filed by Eriko Nakano, 46, a doctor based in Tokyo, seeking custody of her children.
It kept the writ petition as a continuous mandamus so that any party of the case can approach it for necessary directives in the future.
The bench, however, rejected another petition filed by Imran seeking custody of his and Eriko's third daughter Nakano Sania Hena, 6.
The grounds on which the HC delivered the verdict in this regard could not be known as its written text was not released yesterday.
After the court delivered the verdict, Imran's lawyer Fawzia Karim Firoze told reporters that the children wanted to remain with their father.
"The children have won in the HC verdict... Child rights have been established through this verdict," she added.
Meanwhile, Eriko's lawyer Mohammad Shishir Manir told reporters that they will take necessary steps after examining the written verdict.
Earlier on August 31, the HC bench directed the authorities concerned to shift Jasmine and Laila to a residence in the capital's Gulshan from the victim support centre in order to ensure their welfare and give them a familiar environment.
"Both the father and mother will stay with the children till further orders so that they can lead a family life with the affection of their parents," the court had said, adding that both Imran and Eriko will equally bear the expenses of the residence, their living and other relevant issues.
Eriko said in the petition that she and Imran got married on July 11, 2008, in Japan under Japanese law.
They have three daughters Nakano Jasmine Malika, Nakano Laila Lina, and Nakano Sania Hena.
Imran submitted an application to a Japanese court on January 18 this year to divorce Eriko, but did not appear before the court on the scheduled dates of hearing.
Imran picked his two daughters from their school in Tokyo on January 21 this year and came to Bangladesh with them on February 21, Eriko's petition said.
Eriko then came to Bangladesh on July 18 this year and filed the writ petition with the HC seeking a directives on Imran to hand over the children to her custody.
She mentioned in the petition that she feared Imran may flee Bangladesh with the girls.
Speaking the The Daily Star recently, Imran said he communicated with the Japanese court regularly over their divorce case, but the divorce was not yet complete.
"My children are Bangladeshi nationals. Their names are now Jasmine Malika and Laila Lina."
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