Gay couple: ‘Civil union not evidence of marriage’

Published: May 19, 2011
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Petition seeking registration of case for gay marriage disposed of.

Petition seeking registration of case for gay marriage disposed of.

LAHORE: 

An additional district and sessions judge on Wednesday disposed of a petition by a man seeking registration of a case against his brother for contracting a gay marriage, ruling that a British civil partnership agreement did not constitute a marriage.

“Perusal of the appended certificate of civil partnership does not show that the accused have contracted marriage inter-se,” said Judge Javed Mahmood Sandhu in a two-page order. “There is no direct evidence of commission of an unnatural offence.”

Petitioner Nauman Talib had asked the court to direct the police to register an FIR against his brother Hafiz Salman Talib and a man named Muhammad Zaheer Abbas, arguing that the two had entered into a civil union in the UK, thus marrying each other, which was against the law.

The judge told the petitioner he could approach the station house officer concerned and ask him to investigate. If the two men were found to have committed any cognisable offence, the SHO would proceed against them in accordance with the law.

On Wednesday, petitioner’s counsel Advocate Mian Adeel Yaqoob appeared before the court praying that the police be directed to register a case against Hafiz Talib and Abbas. The judge asked him what their legal offence was if they had married in accordance with British law. The counsel replied that being Muslims, they could not marry as Islam did not permit it. As they were both Muslims, he said, they could be tried in Pakistan if they committed the offence anywhere in the world.

The petitioner earlier told The Express Tribune that his family sent Hafiz Talib to Britain to study. When Hafiz visited Pakistan in April, his family suggested that he get married, but he told them that he had entered into a civil union with Abbas in the UK earlier the same month.

The family then beat him severely and intended to keep him prisoner in the house, but he managed to escape, Nauman Talib said. He claimed that the family had also decided to disinherit Hafiz, though other family members were not available to confirm this.

Nauman said he would continue to search for his brother and intended to offer a Rs50,000 award for information on his whereabouts. “We won’t let him get away scot free,” he said.

Published in The Express Tribune, May 19th, 2011.

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Reader Comments (10)

  • Ali Kazmi
    May 19, 2011 - 2:16PM

    There should be a Pink Pistols chapter in Lahore. Pink Pistols is a libertarian organization that encourages LGBT people to own firearms.

    I’m afraid Nauman is going to kill Hafiz in the name of honour if he finds him. He seems quite psychotic.Recommend

  • Mehnaz
    May 19, 2011 - 3:14PM

    To Nauman Talib: Get on with your life….your brother is responsible for his own acts! You did your part by talking to him & advising him. Plz don’t take law in your hands!Recommend

  • Fahad Raza
    May 19, 2011 - 6:46PM

    They sent him to study and he marries a guy. I think the man should be shipped off. Most probably he is done. Though deeply disgusted I don’t think Law shouldn’t be taken to deliver vigilante justice by Nouman Talib. Tell him to get out of Pakistan. Recommend

  • Saad
    May 20, 2011 - 2:29AM

    As a free citizen of Pakistan he has the right and he did what he thought to be right. Pakistan is a democratic polity and not a theocratic state.Recommend

  • Pakistani Canadian
    May 20, 2011 - 5:22AM

    “The family then beat him severely and intended to keep him prisoner in the house, but he managed to escape, Nauman Talib said.”

    So, he is confessing to have taken part in assaulting another individual with intent to cause bodily harm, and he is confessing to take that further with the intent of unlawful detention.

    My only question is, will the police take notice? This guy needs to be thrown into prison where hopefully he will be sodomized on a regular basis. He is most likely to discover he rather enjoys it.

    I think we, as a society, take pride in sympathizing with, and tolerating the intolerant. Whether that’s terrorists, lynch-mobs, gay-bashers, or degenerates who molest women and children. Recommend

  • Usman Mujtaba
    May 20, 2011 - 6:37AM

    Salman entered into a civil partnership in accordance with the law of the land wherein he resides; I do not see any thing wrong or illegal in it. The actions of his brother portray internal negative attitudes towards homosexuality and I hope the courts realize this and keep away from getting involved.Recommend

  • Phunk Factor
    May 20, 2011 - 11:13AM

    Nauman seriously needs to stop his stupidity. Beating his own brother? Asking the police to register an FIR? Placing money for his brother’s capture?

    What in the world is wrong with him?!Recommend

  • Usman lodhi
    May 20, 2011 - 12:22PM

    Hafiz, darling, get the HELL out this country asap. I could say with a clear NGO accent that this a democratic state etc etc, but that would be wishful and silly. The people who should love you unconditionally in this world will, unfortunately, contribute to your end if you do what you’re doing. Don’t let that happen. Don’t give them that chance. You get in the way of their respectability. Their anger is testament to how deeply they care about their place in this wretched society. Shake the foundations of their place for even for a minute and they can disinherit and behead their own child. Leave. Be sensible. This is a cruel place. Recommend

  • Daayiee
    May 20, 2011 - 4:17PM

    After reading the article, I was very pleasantly surprised to see such supportive emails for the brother who had a civil union. It is said the family could not accept the brother’s marriage in a way that upholds the highest form of relationship within an Islamic context. When the Muslim community (ummah) stops enforcing limited and often misguided human interpretation through legislative laws to prevent couples from marrying regardless of their gender, the ummah will see a significant increase in harmony amongst its peoples. Recommend

  • Haseeb
    Jun 25, 2011 - 3:59PM

    @Daayiee:
    Daayiee Abdullah from the US?
    You’re right. But most of us Muslims have yet to reconcile our orientation with our faith.. Most end up leaving Islam.Recommend

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