‘Pleas for protection after marriage on rise’

LHC underscores state's duty to protect legally wedded citizens


Our Correspondent August 19, 2021
Lahore High Court. PHOTO: LHC.GOV.PK

LAHORE:

Lahore High Court has expressed dismay over increasing number of applications filed by women seeking protection after contracting marriage against the will of their parents.

Justice Ali Zia Bajwa made the remarks in a five-page judgment on a woman’s application against slleged harassment by police.

Such petitions are frequently filed as a preventative measure over an apprehension against close relatives like fathers, bothers and even mothers, "but in some cases, a well-founded threat to the lives of the newly wedded couple actually exists”, the verdict read.

Article 9 of the Constitution has strenuously vouched for the protection of the right to life of every person and it is the duty of the courts to protect and safeguard all the fundamental rights provided and guaranteed under Constitution.

Under Islamic law, both male and female have the right to contract marriage with their own free will and their matrimonial life is protected under Article 35 of the Constitution.  

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It is pertinent to mention that any of such attempts are violative of Article 9 and 35 of the Constitution."

The judge declared that it is the duty of the state to protect the marriage, life and liberty of the legally wedded and ensure the presence of the couples before the courts, especially the female petitioners, in order to rule out that any such petition has been filed for some ulterior motive other than what is prayed for.

It should also be ensured that a valid marriage exists and the petition has been filed voluntarily without any pressure or undue influence on the female petitioner.

"In the present case the petitioner and her husband, present before the court, are legally wedded wife and husband as their Nikahnama has been placed on the record and they own it. The court has ensured the identity of petitioner and her voluntariness to file this petition."

Justice Bajwa directed the authorities to desist from harassing the petitioner or her spouse.

Published in The Express Tribune, August 19th, 2021.

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