Woman seeking divorce allowed to live with parents

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KARACHI: The Sindh High Court on Thursday allowed a woman to go with her parents after she informed a two-judge bench that her marriage had taken place without her consent and that she was seeking a divorce.

The bench headed by Justice Mohammad Iqbal Kalhoro directed her parents to furnish a surety bond to keep her secure and well, and also asked the SHO concerned to depute a policewoman to visit her house every third day to ascertain her well-being.

Petitioner Ms Aneela had submitted in court that her husband, Zubair Ahmed, had contracted a forced marriage with her in June 2021 at her native village in Naushahro Feroze district but Rukhsati had not taken place and, as such, she had been residing with her parents.

In November, she left her parental house and came to Karachi and lived with her relatives in Gulshan-i-Iqbal as her parents were trying to arrange for Rukhsati but she was not ready to go to her husband, the petitioner stated.

Thereafter, she said, Mr Ahmed got a case registered at the Kandiaro police station in Naushahro Feroze against two persons accusing them of having abducted her. She stated that the allegation was false and fabricated as she had not been abducted.

The petitioner stated that she had already filed a suit in a family court in Karachi for the dissolution of the marriage by way of Khula.

She submitted that the police and Mr Ahmed were harassing her. She also stated that they were subjecting the nominated persons and their families to pressure and threats. She pleaded to quash the FIR and provide protection to her and her family members.

The bench was informed that the investigation officer (IO) of the case had recorded statement of the petitioner and she met her parents and husband on the premises of the high court.

However, the bench said that regarding her current whereabouts, she had not been able to give any satisfactory reply, yet, she agreed to live with her parents and at the same time requested protection. Her parents also undertook not to cause any harm to her.

It directed the SHO to depute a policewoman to visit her house every third day and talk to her on the phone every day till her suit for the dissolution of marriage was decided and she would be in a position to decide about her future life.

Disposing of the petition, the bench directed the IO to submit a report to dispose of the case under C (cancellation) class.

Published in Dawn, January 7th, 2022

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