Bench further says prosecution of kidnapping case becomes futile after Anjali's denial. DESIGN: JAHANZAIB HAQUE
A division bench, headed by Justice Sajjad Ali Shah, gave this order on Wednesday while hearing two petitions, one filed by Anjali's father against her conversion and underage marriage and the other seeking the quashing of a kidnapping case against Anjali's husband, Riaz Siyal. A copy of the court's ruling was provided to the media on Friday.
Petitioner Kundandas Meghwar alleged that his daughter Anjali is 12 years old, adding that she was abducted, forced to convert and then married to Siyal despite being a minor.
He had pleaded the court to order the formation of a medical board to ascertain her age, saying that under Section 164 of the Criminal Procedure Code, her statement could not be recorded before any court because she was a minor.
Meghwar claimed that a case had been registered against Siyal at the Daharki police station under Sections 365-B, 395 and 452 of the Pakistan Penal Code, but officials were tampering with the evidence to help the accused.
He had also registered a case under Sections 3 and 4 of the Sindh Child Marriage Restraint Act of 2014, complaining that Siyal, an adult, married his underage daughter.
The judges observed that Anjali had stated that she was not abducted and had instead eloped with Siyal to marry him of her own free will. To resolve the controversy, they allowed her to separately meet her husband and parents.
Anjali later appeared in the chamber in the presence of her husband and parents and their lawyers, stating that she was 18 years old, had married Siyal of her own will and intended to go with him.
The judges directed the IO to file her statement in the court with regard to the abduction case, adding that the prosecution of this offence was futile after her denial.
Lawyer Ali Muhammad Tariq pointed out that Anjali was only 12 years old according to her father and, as a case had already been registered against Siyal under the child marriage restraint law, she could not be allowed to leave with her husband.
Meanwhile, according to the IO, the medical board had stated that her age was between 14 and 15 years.
The judges observed that given the three conflicting versions regarding Anjali's age, she could not be allowed to live with her husband unless her age was determined, as this would frustrate the very purpose of the Child Marriage Restraint Act.
Since Anjali was unwilling to go with her parents, the bench sent her back to the Pannah shelter home. The judges further directed the prosecution to prove her actual age before the court with regard to the underage marriage case against Siyal.
They added that if Anjali changed her mind and desired to live with her parents, she or her parents could move in accordance with the law.
Published in The Express Tribune, January 17th, 2015.
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