It was an about turn for the judge, who last week appeared to accept that Mariyam and Hewad married legitimately by ordering that they be protected and given accommodation together in Pakistan's northwestern city of Peshawar.
Mariyam and Hewad, both 22, said they fled Kabul last month to wed in the leafy town of Abbottabad in northwest Pakistan, where US troops found and killed Osama bin Laden in May 2011.
The woman said her parents wanted her to marry her dead sister's husband and that if she is sent back to Afghanistan she would probably be murdered for marrying someone of her own choice.
On Tuesday, her mother and brother appeared in court with the 48-year-old man in a wheel chair claiming he was her real husband.
Her mother Raazia, 65, told AFP that Mariyam had consented to the match and married him six and a half years ago. Two years later, the man had a stroke and has been left partially paralysed, she said.
"The court should hand over the girl to us, we will not kill her," Raazia said.
Judge Dost Muhammad Khan referred the matter to a family court, ordering Mariyam into a women's shelter and sending Hewad for questioning.
The case should be decided "within 40 days", said Khan, who intervened personally after media reports said the woman's life was in danger.
Hewad, who like many Afghans goes by one name, also told AFP last week that he faced serious threats from Mariyam's family.
"I am sure they can harm me here and if we are sent back to Afghanistan, they will simply shoot us," he said.
Despite progress in recent years and improved legal protection, women suffer chronic rights abuses in both Afghanistan and Pakistan.
Earlier this month a video emerged of the public execution of a woman accused of adultery in Afghanistan, who was shot dead as dozens of men cheered.
Activists fear that women's rights in Afghanistan are under particular threat as Nato troops prepare to leave in 2014 and Kabul seeks peace with the Taliban, who brutally repressed women during their 1996-2001 rule.
COMMENTS (28)
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what's the court power in determining two people. They could have only provided for protection, and not for the separation. also if the woman is said to be married, then she should just file for khula to accomodate those allegations.
Sending them back to Afghanistan will definitely be a death sentence to the couple, and why a 22 years old girl is wedded to a 48 years old. If the scenario presented by her mother is true , then it is her parents who has forced her to marry this older person. I will bet on that. I think the best solution for a Pakistani Family Judge will be to let them go and let them vanish that no one can find them for years to come. Sending them back to Afghanistan is a death sentence which they don't deserve, the Judge will have their blood on his hands if he decides to send them back, I may be harsh to say it but it is the reality. Both of them are old enough to make their own decisions and parents should not be able to interfere.
Hay, why are my comments so unacceptable to you to publish? Do I need to change my username, eh? How about "Proud Pakistani" or "Patriotic Pakistani" or may be "ISI Zindabad"?
The woman is an idiot. She could have married Hewad through the untroubled way, simply by asking divorce from her husband which isn't that unacceptable in Kabul and then married her Majnoon. My advice to Mr. Hewad: leave this mentally twisted woman if you don't want your wife to runaway with your neighbor. Peace!
@Vikram:
In addition to other replies that you have received earlier for displaying your lack of knowledge about Islam or Islamophobia,have you ever heard about honour killings in Indian state of Haryana (almost no Muslim lives there).Have you watched the episode of Sataymev Jayate about lovers.
Why not Hamid Karzai and NATO take notice of the case.After all,eradicating extemism and anti-feminism in Afghan society was also a goal for many NGOs and social groups. Both Mariyam and Hewad have a complete right to take decision for their own lives and they must be allowed to stay in Pakistan if their lives are threatened in their own country.
But NATO should have taken the couple to their own shelter and protected them if they(NATO) really want to change Afghan society in a better way.
Perhaps the couple must be asked if they want to immigrate to some other nation if not sure about their safety back there in Afghanistan.Mariyam's family wronged her when she was not even an adult and now they still want to ruin her life.
@Imran:
Don't drag political issues in this.The couple are humans too.
@Vikram: Dear neighbour, do not make this about religion /countries. Recently in India, a woman and her husband were paraded naked in the streets by the girls family for marrying a lower cast hindu man while the cops looked on. And hindu orphans are not allowed adoption by non hindus ...............( what secularism and bhai chara?) So lets stop playing this shining country game. its all the same in our parts or the world, ok? Also, a new fact came to light that needs investigation: namely she may well have been already married. Since the couple is from your best friend country, perhaps you can take them in in the least?
You have been educated!
@g: This is mind boggling to us in the West.
Everything that happens in this Country is "mind boggling" ! There is serious lack of any consistency and transparency in every sphere of this society. This scenario would have been played out lot different, if this young couple had any serious wealth or influence !!!!
This is mind boggling to us in the West. Their should not be anyone involved in this except the woman and the man and they should be allowed to do whatever they want, whenever they want. They can even change their minds tomorrow and go have a relationship with someone else. This is not a legal issue. This is a basic human right to live free and make your own decisions and you cant be punished for it.
I imagine this is how things were done in Neanderthal aboriginal cultures before we accumulated enough sense to have society.
Where is the Consistency in Pakistan's Judiciary ???
Assuming invalid husband story is correct n that he married her six/half years ago (meaning at the age of 15.5yrs) n now she wants out of this forced arranged marriage, so what's wrong with it - let her go, let her live her life with the man she love/is in good health.
@Omair Shakil: That's not ET, that's was reported as it by an international news agency, AFP or may be Reuters.
Abbotabad seems to have become the most favourite hangout for international runaways.
@ Maria
Yes we know how women is treated in your India despite of such "sane" laws
Please Afghans go to your own country!
@AFP... The PHC has never ordered to separate the couple,,,
@Omair Shakil: why complaining ? we have made a new historical place in pakistan. soon thousands will come to pay respect for their fallen leader here. hope we could cash some from that tourism and hope they don't start to blow them up when paying respect.
@Vikram: Its not only muslims but Hindus too. It is more of a cultural thing. You cant force a woman to marry in ANY religion. The woman should just take khula from first husband and marry the second one. Had she done it in Afghanistan she would certainly have been killed. But here in Pakistan especially in the lower Sindh people are pretty moderate and will let the couple live in peace.
What made all the runaways from Afghanistan end up in Abbotabad? :)
let and let live...
This disabled man should save some grace and divorce the girl. Even under islamic law, girl can leave a husband who is unable to keep relationship as married couple. Girl took a refuge in other guy and ran away with him to Pakistan. Now judge should nulify previous marriage if they were married and let her live with new husband of her choice. Or he can leave her to wherever she chose to go, she is an adult not a minor. Afghanistan laws doesnt apply in Pakistan.
Woman in question is an adult and she should be allowed to live away from their family. Why did her family married her to a guy 26 year older. She is only 22 year old. For GOD sake let her live her life.
Why Muslims don't force men to marry woman 30 years older then then. Save this woman get Internationaal media and NGOs involved.
Would you let your sister marry a 48 year old man in a wheel chair?
what does 'handing over' a person mean? surely in legal terms one cant 'hand over' a person like a piece of property?
The most a court should be allowed to do is declare the new marriage void, and let the woman live where she wants to, getting a divorce from the first husband if she wants to.
Any legal experts care to enlighten me?
sad,,, they will be surely killed by their family......