Court rejects plea of family for girl’s custody

Ossification test result presented to prove newlywed convert to Islam is adult

LAHORE:

Lahore High Court’s Justice Shehram Sarwar on Wednesday allowed a girl from the Sikh community who had married a Muslim man after embracing Islam to live as per her free will.

Heavy police contingents were deployed at the LHC as Jagjit Kaur, who has now adopted the named Ayesha, was produced by the superintendent of Darul Aman amid tight security.

The family of the girl had sought her custody, claiming that she was a minor, but failed to present evidence in this regard except a school leaving certificate. They said that the girl was not adult and thus not in a position to take decisions about her life.

On the other hand, her husband Mohammad Hassan relied upon an ossification test showing that she was adult. The girl had been stating that she wanted to go with her husband. Justice Shehram asked the counsel for Manmohan Singh, brother of the girl, to prove that she was juvenile.

The counsel, former PML-N minorities affairs minister Khalil Tahir Sindhu, argued that the school leaving certificate proved her young age. The judge said the age would have to be established with a substantial document or through NADRA record.

At this the counsel for Hassan, husband of Ayesha, argued that her ossification test had been conducted, which had proven that she was adult.

When Manmohan Singh’s counsel said the Punjab governor had resolved the matter between both parties, Justice Shehram remarked that he was hearing the constitutional matter regarding the petition.

The lawyer said it would be tantamount to hurting the sentiments of the minority community if the girl was not handed over to her parents. Justice Shehram ordered the SP security to escort the girl where she wanted amid tight security.

The judge also asked about the haqmehar of the girl, and ordered its increase from Rs50,000 to Rs1 million.

Ayesha had earlier stated that she wanted to live with her in-laws.

Published in The Express Tribune, August 13^th, 2020.