The High Court has ruled on the appeal in the controversial case of a Japanese mother and a Bangladeshi father with three children. According to the judgment, the two children of the separated couple, Jasmine Malika (eldest) and her younger sister Sonia, will be with their Japanese mother Nakano Eriko, and Mezzo daughter Laila Lina with Bangladeshi father Imran Sharif. Besides, Erico can live in Bangladesh or any country with the first and third daughter, but the father will have the opportunity to meet the children, the verdict also said. Similarly, second daughter Laila Leena will stay with father Imran Sharif. But the mother will get a chance to see the second daughter.
A single High Court bench led by Justice Mamnoon Rahman ruled on Tuesday (February 13) partially allowing an appeal application.
Senior lawyer Barrister Akhtar Imam, Rashna Imam and Advocate Nasima Akhter Lovely heard on behalf of Imran Sharif in the court. On the other hand, barrister Ajmalul Hossain KC and advocate Mohammad Shishir Monir heard on behalf of Erico.
Earlier, Dhaka District Judge Court ruled that Jasmin Malika and Laina Lina, who are in Bangladesh, will stay with their Japanese mother. Later, Imran Sharif filed a revision petition in the High Court against that verdict.
On March 9, 2023, the Appellate Division of the Supreme Court rejected their mother’s plea to take Jasmine Malika and Laila Lina abroad. At the same time, the court ordered the appeal district judge court to settle the matter within three months regarding who will have custody of the two children. Until then, Jasmine Malika and Laila Lina will remain as they are.
The 7-judge appellate bench headed by the then Chief Justice Hasan Faiz Siddiqui gave this order.
Earlier, the court ordered the custody of the two children of Imran Sharif and Erico. This judgment was given keeping in mind the welfare of two minor children Jasmine Malika and Laila Lina. Dhaka Second Additional Assistant Judge and Family Court Judge Durdana Rahman gave the verdict.
Court observations
In the verdict, the court said that the plaintiff could not prove the reason for filing the case. Rather, it appeared to the court that the two children brought from Japan to Bangladesh grew up in Japan. They studied there. Their mother is a doctor by profession. After the birth of three children, she took maternity leave and was with her children.
The court observed that the primary caregiver of the two children growing up in Japan was their mother. But to suddenly bring her to another country without informing her and leaving her in the dark without legal process is tantamount to dishonoring the universal and universal form of motherhood.
In the verdict, the court also said that as a father, Imran Sharif has full right to visit his two minor children. However, the custody of the two minors by the mother has proved to the court that their physical, mental and environmental, as well as overall well-being.
Imran Sharif filed an appeal against this judgment in the District Judge Court and later in the High Court.
In 2008, Bangladeshi engineer Imran Sharif got married to Japanese doctor Eriko Nakano. Erico filed for divorce in early 2020 due to marital discord. After that, Imran moved to Bangladesh with his two eldest school-going daughters. And the little girl stayed in Japan with her mother Eriko. However, the Japanese woman came to Bangladesh in 2021 to take custody of those two girls. He wrote a writ to produce the two girls in the High Court.
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