LAHORE, July 12: A special division bench of the Lahore High Court on Monday allowed Hira Jessica Shafiq, a German girl of Pakistan origin, who married a Pakistani youth, to go with her husband.
The bench, comprising justices Tasaddaq Husain Jilani and Saeed Akhtar, dismissed an intra-court appeal against their marriage after the girl and her parents failed to strike a rapprochement and reported their inability in this regard.
When the proceedings commenced, Hira submitted that she wanted to save her marital life. Her father claimed that she was under her in-law's pressure and was not able to express her mind independently.
After the parties reported their failure to reach an understanding, the court directed their counsel to argue. Hira, a first-year student of the Government College for Women, Gulberg, did not return home on June 12. In the evening, Musa informed her uncle by phone that she had married him.
The appellant's counsel submitted that she was 17 years of age at the time of her marriage which as an offence under the German law. The violation might invite Germany's proceedings at the state level which could malign Pakistan, the appellant submitted.
The appeal was filed against the judgment of a single bench of the LHC comprising Justice Abdul Rashid Sheikh, which accepted the petition of Hira when the couple produced nikahnama and the evidence of Hira having attained majority. The court on June 14 declared them man and wife and directed the police not to interfere in their marital life.
The ground taken in the inter-court appeal was that Hira was a minor and could not contract marriage without the consent of her wali (guardian). The appellant also submitted that the marriage of foreign nationals could be solemnized only on fulfilment of conditions laid down under the Foreign Marriages Act.
The counsel for the German girl, Ms Shaista Qaiser, submitted that the marriage was solemnized under the Muslim Family Law and Hira could not be involved in any offence under a German law because she held dual nationality.
