The Sindh High Court sent Arzoo Masih, an underage Christian girl who had been illegally married to a middle-aged Muslim man, to a Darul Aman on Monday, concluding the case.
Arzoo was produced before a two-member bench headed by Justice KK Agha. When asked whether she wanted to return to her parents, she replied in the negative.
Given this, the court sent her back to the shelter home, while issuing directives for her education and other facilities there. The bench directed the provincial home department to provide counselling to Arzoo and ensure that the department's representative met her for an hour every day at the shelter home.
During the hearing, the lawyer representing Arzoo and her purported husband Azhar told the court that Arzoo wanted a file a plea against the shelter home's administration for not permitting her to meet anyone.
According to the challan presented by the police, Arzoo has contracted the coronavirus and test reports were received on November 16. Azhar was also tested for the virus but he tested negative.
The police challan states that Arzoo told in her statement to the police that she had been friends with Azhar for a long time and accompanied him to the marriage registrar's office on his motorcycle, where they got married.
The challan further states that the marriage registrar claimed to have checked documents, which indicated Arzoo was 18 years old.
Azhar's blood sample has been sent for DNA testing and the case is being pursued under the child marriage law, it states, adding that sections pertaining to kidnapping have been removed from the case against Azhar.
The prosecutor also maintained before the court that this is a child marriage case, not a kidnapping case. He informed the court that two of the accused in the case are on the run while the marriage registrar and other accused have acquired bail.
According to the medical board constituted by the court, Arzoo is approximately 14 years old, whereas accused Azhar is stated to be over 40 years of age.
The court inquired what efforts have been made to arrest the accused on the run and Azhar's lawyer stated that the case challan has been submitted before the subordinate court. At this, Justice Agha advised the lawyer to remain quiet as he was not a counsel in that case.
The lawyer referred to a Supreme Court verdict and maintained that the decision in Arzoo's case should be made according to Islamic laws.
However, Justice Agha warned him that action would be taken against him if he spoke out of turn again. "You are committing contempt of court," said Justice Agha, adding that the court did not need to be told how to deal with the case.
The lawyer contended that the case should be viewed in light of Islamic laws as it was a family matter but the court remarked that it had made its decision and it could be challenged in the Supreme Court.
Sending Arzoo to the shelter home, the bench concluded the case and directed the police to submit a report in the trial court after transparent investigations.
Underage marriage
In another case of underage marriage, the high court sent teenager Lubna to the shelter home after the medical board formed to determine her age concluded that she is 16 years old.
A five-member medical board examined Lubna and found her to be aged around 16 years, according to the report submitted before the court.
According to the police, Lubna voluntarily married a man named Fazal three weeks ago.
The court sent Lubna to the shelter home, issuing directives that she be permitted to meet anyone she wished to meet.
Published in The Express Tribune, November 24th, 2020.
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