06 February 2005	Sunday	26 Zilhaj 1425

PESHAWAR, Feb 5: A local civil court has dismissed a civil suit of a Christian woman seeking a declaration that she was not the legal wife of a Muslim.

Civil Judge Tufail Ahmad ruled that the evidence on record had proved that the plaintiff, Ms Benish Sikander, was the legal wife of Najmul Hassan.

In its detailed judgment, the court ruled that the plaintiff had no cause of action and was not entitled to any relief. She had filed the suit in Dec 2003, which the court decided last month.

The defendant claimed that Ms Benish had converted to Islam and contracted Nikkah with him with her free will. He claimed that due to her family pressure, she had left him and put forward a fake story.

The plaintiff, who is 24 and Christian by religion, stated in the plaint that she was serving as receptionist of a computer institute in Peshawar and had gone to Hangu to attend a marriage ceremony. The defendant with her mother and sister, she said, had also come there and told her that he would arrange a job for her in a computer institute at Hangu.

The woman alleged that after some days the defendant's mother and sister had come to her and obtained her signature on blank paper. Later on, they had informed her about a service for her in Hangu. When she reached Hangu after two or three days, the defendant told her that she was his wife. After some days, she stated, she returned to her home, but the defendant called her claiming her to be his wife.

However, the defendant stated that she had embraced Islam with her free will and contracted marriage with him. He added that their Nikahnama had been prepared and filed with the registrar at Peshawar. He added that a dower of Rs30,000 and 31gm of gold ornaments were also given to her.

He stated that the plaintiff had lived with him for three months in Hangu before her mother took her to Peshawar, where her family forced her to file the suit.

The defendant had also filed a suit for the restitution of conjugal rights in a family court in Hangu.

For clarifying the situation, the court had summoned a prayer leader Maulana Samiullah, who recorded his statement and stated that he had contracted marriage between the two parties and the plaintiff had embraced Islam before him. He also produced two pictures of the plaintiff and the defendant to prove his claim.