PESHAWAR: Following the dismissal of his marriage claim, Afghan national Abdul Rehman on Friday filed an appeal against the verdict of a family court which upheld the legal status of an eloped couple.
Afghan nationals Maryam and Haiwad eloped and got married in Abbottabad in May 2012. Rehman, however, claimed Maryam had been his wife since 2006 and was also the mother of his two children, Saba and Husna.
Maryam denied Rehman’s statement, claiming Saba and Husna were daughters of her late sister Marzia, Rehman’s former wife who died in 2006. The DNA tests, however, proved Saba and Husna to be Maryam and Rehman’s daughters.
Besides the nikah registrar of Maryam’s first alleged marriage to Rehman, family members including her mother, brother and elders of her native village in Afghanistan also recorded their statements in favour of Rehman.
On July 27, Family Court Judge Kiran Shaukat dismissed Rehman’s plea, declaring Haiwad as Maryam’s lawful husband. The decision was then challenged by Rehman through his attorney Ijaz Sabi.
On Friday, the appeal against the family court’s order was filed before the court of Additional Sessions Judge Muzammil Shah. It requested the court to suspend the orders of the family court taking into account the DNA tests and testimony of witnesses in favour of Rehman.
In a separate case, the Peshawar High Court (PHC) refused to accept bail applications for three persons charged with alleged rape.
Mubashir, Ali Yar Khan and Umar Sher were accused of sexually assaulting 10-year-old Hasnain on May 30 within the jurisdiction of Yar Hussain Police Station in Swabi district.
On Friday, Justice Musarrat Hilali was informed bail applications for the accused were dismissed by the lower court, but since both parties have reached an agreement the bail pleas could be admitted.
The state’s counsel, on the other hand, said the two parties have not in fact reached a settlement. Upon this, Justice Hilali also observed no such deal has been struck and denied bail to the accused.
Published in The Express Tribune, August 3rd, 2013.