A Sindh High Court bench on Tuesday stopped the man, who claims to be the husband of an underage girl, from meeting her.
The girl had gone from Karachi to Lahore to get married to the man named Zaheer. However her father, Syed Mehdi Kazmi, challenged the nupitals under the Child Marriage Act.
The bench said it would be better to wait for the decision of a two-member bench on the issue of who gets the custody of the girl, the father or Zaheer.
A hearing was held in front of a single bench consisting of Justice Abdul Mubeen Lakho on the application of husband accused Zaheer to meet his wife who is currently in Darul Aman.
Justice Lakho remarked that is this a case of meeting the family? The complainant’s counsel submitted that this is rather an application of an accused to meet his victim.
Zaheer’s lawyer argued that this is an application of a husband to meet his wife.
Justice Abdul Mubeen Lakho remarked that the matter of a husband meeting his wife is also a matter of meeting a family. Counsel for the plaintiff took the position that while the petition regarding custody of the girl is pending, the petition by the accused to meet her should not be heard.
The accused’s lawyer took the stand that according to Shariat, the girl is still Zaheer’s wife. He reminded that the girl had given a statement in the court that she married Zaheer willingly.
The court asked Kazmi’s lawyer whether the girl said that she did not want to meet her husband. The court asked the plaintiff’s lawyer to give a straight answer if the girl does not want to meet? The plaintiff’s counsel submitted that the girl is suffering from mental stress in the shelter home and is unable to testify at the moment.
The bench remarked that this court will not issue any decision before the decision of the two-judge bench. The application before a two-member bench should be decided first. The court adjourned the hearing till January 16.
Bail plea adjourned
The same bench adjourned the hearing regarding the bail application of two nominated suspects, Wajahat and Haider, in the case of injuring a citizen, Kashif, within the limits of the Landhi police station.
Muzamil Mayo Advocate, the lawyer of the plaintiff’s mother, Kashif, submitted a power of attorney before Justice Lakho.
Muzamil Mayo Advocate stated, “Kashif was subjected to personal hatred by his friends. On September 20, 2022, four boys, including Wajahat and Haider, called Kashif to a hotel. Kashif’s neck was slit because of a personal grudge. This incident has been reported via phone call. All four suspects named in the case have been taken into custody. The sessions court has already rejected the bail of Wajahat and Haider.” The court adjourned the hearing on the bail pleas for two weeks.
Published in The Express Tribune, January 4th, 2023.
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