Marital confusion: Judge refuses to release woman to husband till her identity is proven

Court says one of her relatives will have to testify on her behalf.

LAHORE:

Additional District and Sessions Judge Chaudhry Ghulam Murtaza on Monday refused to hand over a woman to her husband claiming that he did not know whether she was the actual detenue.

Petitioner Syed Majid had filed a habeas corpus petition seeking the recovery of his wife from her parents.

On Friday, the judge had directed the Johar Town station house officer to produce the woman in court on Monday. The police visited her parents’ house and they assured the police that they would bring her to court.



The woman appeared in court on Monday without her parents and said she wanted to return to her husband. The judge, however, refused to make an order saying that he did not know whether she was the detenue.

Majid, who was present in the court, insisted that the woman was his wife.

The judge, however, said that he would allow her request if one of her relatives testified regarding her identity. He then directed the court staff to summon the relevant SHO.

The girl called her parents on the phone and asked a court staffer to talk to them. They said they had disowned their daughter and she could be sent her wherever she wanted to go.

Johar Town Police’s Constable Fazal Hussain, a process server, later appeared before the court.

The judge first reprimanded him for being late and then asked him to identify the girl. The judge directed the court staff to record the girl’s statement that she had married of her own will and wanted to return to her husband. He then allowed her to leave.

Published in The Express Tribune, November 12^th, 2013.