Plea for ‘mentally-challenged husband’s custody’ turned down
‘Detained’ man tells court he wants to live with siblings .
FAISALABAD:
A Faisalabad court on Saturday disposed of a woman’s petition for recovery of her husband, allegedly mentally-challenged, from his brother’s custody after the man said he wanted to continue living with his sister.
Muhammad Ashfaq, a resident of 25-B Liaqat Town, Faisalabad, was allowed to live with his sister, Najmun Nisa, at his parents’ house. He was earlier asked by additional sessions judge, Abdul Rehman Bodla, whether he wanted to live with the petitioner, Rehana Parveen, a resident of Chak 361-JB, Toba Tek Singh, or at his parents’ house with his brother and sister. After wavering for a while, Ashfaq said that he wanted to live with his sister.
Counsel for the respondent, Ashfaq’s brother Muhammad Shahid, said that Ashfaq was being looked after by his sister who was unmarried and living at her parents house. The counsel also told the court that Ashfaq had divorced Rehana. The counsel also produced doctor’s prescriptions as evidence that Ashfaq was being treated for mental ailment.
Rehana said that she and Ashfaq were still married as a mentally-challenged man was not competent to divorce his wife. The court observed that such a person was also incompetent to contract a marriage.
The judge said that the man seemed to be mentally-challenged but reserved judgment on the issue and suggested that a separate application be filed under the Mental Health Ordinance of 2001 for determination.
During the proceedings, Rehana left the court room twice, taking Ashfaq with her the second time, but was traced and brought back to the court first by her counsel and later by a court staffer. On both instances, she and the respondents had been directed to sit next to Ashfaq so that his behaviour towards both parties could be observed.
Rehana had pleaded in her habeas corpus petition filed under Section 491 of the Criminal Procedure Code (CrPC) that Ashfaq was suffering from a mental disease due to torture by Shahid who wanted to grab his property. She had said that Shahid was detaining Ashfaq at their parents’ house against his will.
She stated that Ashfaq had been healthy at the time of their marriage on October 10, 2010, as well as up to five months later when she was expelled from the house by the respondent who had been detaining Ashfaq since then.
On December 2, Ashfaq had been sent with Rehana on expressing willingness to live with her. He had earlier changed his statements a couple of times. When sitting with the respondents he said he and Rehana were divorced a claim he retracted when seated next to the petitioner.
Published in The Express Tribune, December 12th, 2011.
A Faisalabad court on Saturday disposed of a woman’s petition for recovery of her husband, allegedly mentally-challenged, from his brother’s custody after the man said he wanted to continue living with his sister.
Muhammad Ashfaq, a resident of 25-B Liaqat Town, Faisalabad, was allowed to live with his sister, Najmun Nisa, at his parents’ house. He was earlier asked by additional sessions judge, Abdul Rehman Bodla, whether he wanted to live with the petitioner, Rehana Parveen, a resident of Chak 361-JB, Toba Tek Singh, or at his parents’ house with his brother and sister. After wavering for a while, Ashfaq said that he wanted to live with his sister.
Counsel for the respondent, Ashfaq’s brother Muhammad Shahid, said that Ashfaq was being looked after by his sister who was unmarried and living at her parents house. The counsel also told the court that Ashfaq had divorced Rehana. The counsel also produced doctor’s prescriptions as evidence that Ashfaq was being treated for mental ailment.
Rehana said that she and Ashfaq were still married as a mentally-challenged man was not competent to divorce his wife. The court observed that such a person was also incompetent to contract a marriage.
The judge said that the man seemed to be mentally-challenged but reserved judgment on the issue and suggested that a separate application be filed under the Mental Health Ordinance of 2001 for determination.
During the proceedings, Rehana left the court room twice, taking Ashfaq with her the second time, but was traced and brought back to the court first by her counsel and later by a court staffer. On both instances, she and the respondents had been directed to sit next to Ashfaq so that his behaviour towards both parties could be observed.
Rehana had pleaded in her habeas corpus petition filed under Section 491 of the Criminal Procedure Code (CrPC) that Ashfaq was suffering from a mental disease due to torture by Shahid who wanted to grab his property. She had said that Shahid was detaining Ashfaq at their parents’ house against his will.
She stated that Ashfaq had been healthy at the time of their marriage on October 10, 2010, as well as up to five months later when she was expelled from the house by the respondent who had been detaining Ashfaq since then.
On December 2, Ashfaq had been sent with Rehana on expressing willingness to live with her. He had earlier changed his statements a couple of times. When sitting with the respondents he said he and Rehana were divorced a claim he retracted when seated next to the petitioner.
Published in The Express Tribune, December 12th, 2011.