12 September 2004	Sunday	26 Rajab 1425

PESHAWAR, Sept 11: A two-member bench of the Peshawar High Court on Friday summoned two persons, including a father who had charged his daughter with committing adultery.

Hearing a writ petition, the bench directed Muhammad Sarwar, father of petitioner Farzana, and Muhammad Wali, who claimed to be her previous husband, to appear before the court and clarify their positions.

Sarwar and Wali had charged Farzana and her present husband Muhammad Rafique of committing adultery as she had allegedly contracted second marriage without getting divorce from her previous husband.

The couple was released on bail by the high court a few days ago. Her writ petition has been pending before the high court in which she has requested the court to quash the FIR registered against the couple by her father.

Advocate Mian Iqbal Hussain appeared for the petitioner and argued that she had filed a declaratory suit before the family court in Swat and till pendency of that suit the Ilaqa Qazi had no legal authority to continue with the criminal case against the couple.

He contended that the petitioner had legally wedded Muhammad Rafique and their nikkah had been registered. He said she was never married to Wali and her father had cooked up a case against the couple.

Appearing for the complainant, advocate Haji Zahir Shah argued that Farzana was engaged to Wali and later their nikkah was solemnized in presence of witnesses. He said the cleric who had solemnized the nikkah was ready to testify against the accused-couple.