HYDERABAD: Justice Salahuddin Panhwar, heading the single bench of Sindh High Court’s Hyderabad circuit, on Thursday sent Ravita Meghwar — the woman who claims to have recently embraced Islam and changed her name to Gulnaz Shah — to Darul Aman for one day after seeking consent of her father and intervener (Rights Now Pakistan, a civil society organisation).
“She shall be produced before this bench on June 23 at 10.30am,” the judge ordered, and directed that a women development officer should visit her and ensure that she was not under any pressure.
She [the officer] would submit a report with regard to the reasons behind the woman’s marriage [to Nawaz Ali Shah] as observed by her or any suggestion, the order said.
Justice Panhwar said that he would hear her or record her statement in the presence of lawyers in the case alone. He repeatedly told the counsel for her father and intervener that it was not a case of forced conversion and advocate Ali Palh, appearing on behalf of the intervener, admitted that it was certainly not a forced conversion case. But, the lawyer added, he wanted to argue it on the age factor in the light of the Child Marriage Restrain Act.
Advocate Zahoor A. Baloch, representing Syed Nawaz Ali Shah, drew the court’s attention to an order passed by a division bench of this court on his client’s petition ordering respondents to provide protection to the couple. He said the bench had also restrained police from arresting the couple and fixed the matter for June 30.
When Justice Panhwar asked Mr Shah how and when did he come across the woman [Ms Ravita], he replied that he met her near her village and gifted her a mobile phone so that he could remain in touch with her. Shah said that the court could ask anything from her as she was present here. On a query, the woman told the court that she had embraced Islam and married Mr Shah of her own free will. She also recited the kalema.
The bench heard advocate Ali Palh although his application to become intervener was not allowed. He said the woman’s school leaving certificate determined her present age at 15 years.
Justice Panhwar observed that free-will marriages had become a matter of daily routine and among around 2,000 such cases, only 10 women appeared to be from the Hindu community who sought protection. Otherwise, Muslim women would approach courts to seek protection after marrying against their parents’ consent as such couples feared that they could fall prey to honour killing.
The judge said that even the Child Marriage Restraint Act didn’t nullify the marriage in case the girl was underage although the law provided for punishment to those who would marry off [underage] girls or those who would solemnise such a marriage. He said it was a general issue irrespective of a girl’s community background.
Jagdesh Kumar, who was assisting Bhagwandas Bheel, the counsel for Gulnaz’s/Ravita’s father, questioned how could a nikah registrar determine a woman’s age [when she visits him for nikah]. He proposed that in such cases, medical certificate should be obtained first to determine the age.
Advocate Ali Palh submitted in court that the woman was still under influence of her husband. The court asked him how the marriage was invalid in this case.
Published in Dawn, June 23rd, 2017
