PESHAWAR, July 11: The Peshawar High Court on Tuesday directed a girl, who married of her own free will, to live with her parents as her father-in-law refused to accept the marriage.
A two-member bench comprising Chief Justice Tariq Pervez Khan and Mohammad Raza Khan disposed of a habeas corpus petition filed by Sajid Khan, alleging that his wife, Ms Naveeda, had been kept in wrongful confinement by her parents.
The bench observed that the petitioner was already married to another woman, Ms Najma, and he was now having a three-month baby from her.
The court observed that Ms Naveeda would be insecure if in the present set-up she goes to the house of Sajid who was dependent on his father Saadat Khan. The bench ordered that Ms Naveeda should continue to live with her relative, Humayun Khan, who had reared her since childhood.
The court directed the petitioner to make efforts to pacify his father to accept Ms Naveeda as his daughter-in-law. The court observed that in present circumstances the girl could not be allowed to accompany the petitioner.
On the directives of the court the girl was produced by her parents. Her statement was recorded by the court and she was willing to live for the time being with Humayun Khan.
The bench also cancelled non-bailable arrest warrants issued against Humayun Khan, Faizur Rehman, father of the girl, and Saadat Khan, during last hearing due to their non-appearance.
The father of the petitioner has been opposed to the marriage of his son, 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 on Jan 1, 2005, whereas his second marriage was a family arrangement.
The petitioner claimed that he and Ms Naveeda had contracted marriage with their free will and her parents had now been forcing her to disown that marriage. The couple had been studying in a private colleges.
The bench had earlier deputed the additional registrar to recover the girl from her residence situated in Sarband area here. The additional registrar and local police had visited three residences in the locality but the girl was not found there.
The petitioner’s counsel, Ijaz Khan Sabi, contended that the detainee was 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 the legal right to marry a person of their choice.
