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July 01, 2006 Saturday Jumadi-ul-Sani 4, 1427

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Girl’s recovery from illegal confinement ordered



Bureau Report


PESHAWAR, June 30: The Peshawar High Court on Friday directed the chief of the capital city police to recover a girl who has been kept in wrongful confinement by her parents after she contracted marriage of her own free will.

A two-member bench comprising Chief Justice Tariq Pervez Khan and Justice Qaim Jan Khan issued perpetual non-bailable arrest warrants for the girl’s father, father-in-law and another relative and directed the CCCP to ensure their arrest.

The bench was hearing a habeas corpus petition filed by Sajid Khan, husband of the girl, Naveeda Humayun, stating that his wife had been kept in illegal confinement by her parents.

The court on different occasions issued directives for the production of the girl, but she could not be recovered.

Despite repeated notices, the father of the girl, Humayun Khan, and another relative Faiz Mohammad, did not turn up. Similarly, the father of the petitioner, Sadat Khan, failed to appear before the court. During the last hearing the court had issued non- bailable arrest warrants for the three persons.

An official of the Pishtakhara police stated that the three persons could not be traced by police.

The petitioner’s counsel contended that the brother of Humayun Khan was a police officer and he had been frustrating the efforts for the recovery of the girl and arrest of her relatives. The father of the petitioner had been opposed to the marriage, stating that his son was already married and was having a son.

The petitioner refuted his claim stating that his first marriage took place with Naveeda, whereas his second marriage was a family arrangement.

The petitioner claimed that he and Ms Naveeda had contracted marriage with their free will last year and her parents had now been forcing her to disown that marriage.

The bench had earlier deputed the additional registrar to recover the girl from her residence in Sarband area. The additional registrar and local police had visited three residences in the locality but the girl was not found there.

The petitioner’s counsel contended that the detainee was a legally wedded wife of the petitioner and had been kept in wrongful confinement by her parents.

He contended that both the petitioner and the girl were adult and they had legal right to marry a person of their choice. He added that they had contracted nikah on June 1, 2005, without the knowledge of their families.

The girl continued to live with her parents and used to attend her college regularly.

The petitioner alleged that when her parents came to know about her marriage they locked her in a washroom and had constantly been torturing her.






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