Published On: Fri, Jun 24th, 2022
Published in Category: Karachi

Nikah stays even If marriage takes place in the age of below 16 years   : sc

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KARACHI: Father  of Dua Zehra have withdrawn the petition regarding kidnapping of their daughter and the Supreme Court (SC) has wrapped up their petition being withdrawn.

 

The appeal plea by father of Dua Zehra against Sindh High Court (SHC) decision in Dua Zehra case  came up for hearing before SC Karachi registry Thursday.

 

Father of Dua Zehra appeared in the court  and said he had met with her daughter only for five minutes.

 

The lawyer said the medical board has not been constituted in the case.

 

The court remarked the girl was brought on your request and her consent was asked from her. SHC has allowed the girl to go as per her free will. Now you want what now. Child matter factor  can be understood in this matter but the claim of kidnapping is beyond comprehension. The girl has recorded her statements in two courts about her  going  as per her free will.

 

Justice Sajjad Ali Shah remarked statements have been recorded in two courts. What is problem with you now when the girl is giving statement on her own. If she says after meeting you that she has to go with her husband then what will you say.

 

Father of Dua Zehra could not give satisfactory reply to the questions of court.

 

The court remarked “ we can understand  pain of father of girl. But statements of the girl have been recorded. You can not level allegations against any one that she was forced to do so. Kidnapping is not proved however child marriage thing comes in comprehension. The girl got married on her free  will and she has desires as well. In  fact you want the court  should determine either the marriage is correct  or otherwise.

 

Father Mehdi Kazmi said yes he wants this. The girl is under age and in our society the girl marriage does not take place without the consent of Wali.

 

Justice Muhammad Ali Mazhar remarked only girl can challenge the marriage of girl. The law is clear. Under Sindh laws the Nikah does not stand abolished. We can not force the girl.

 

Justice Munib Akhtar remarked you can file the case of guardian in sessions court. You should understand the matter of legal points. We know the sensitivity of the case. But there is no need to be emotional. You should read marriage act. Only girl can challenge her marriage. It is not case of harassment or kidnapping. Nikah stays if the marriage takes place below 16 years. You can not abolish nikah. No matter Nikah is performed in under age even then Nikah does not stand abolished.

 

The counsel for Mehdi Kazmi father of Dua Zehra requested to withdraw his  petition.

 

The court while wrapping up the case dismissed his petition.

 

The court while directing Mehdi Kazmi to resort to the proper forum   remarked the  respective case  does  not fall in their jurisdiction.

 

The court observed that he can approach proper forum for constitution of medical board in respect of Dua Zehra.