PESHAWAR, March 27: The Peshawar High Court on Wednesday summoned a couple in an appeal filed by a girl against a judgment of a qazi court in a dissolution of marriage case.

A division bench, comprising Justice Khalida Rachied and Justice Abdur  Rauf Lughmani, directed that the couple should appear on April 16.

The appeal was filed by a girl whose Nikkah was solemised 10 years ago on directives of an Islahi Jirga when she was six years old.

The girl has fallen prey to the custom of “Swara” through which feuds are settled, especially in a tribal society, by handing over girls in marriage to the opponent party.

The Nikkah of the appellant, Shamsul Huda, took place with the respondent Inamul Haq on Nov 29, 1992, in Bazargai area of Buner district.

She remained with her parents and finally in 1999 she filed a suit for dissolution of marriage before the court of Deewani qazi (civil judge).

The appellant exercised her “option of puberty”, stating that when she attained puberty she came to know about her Nikkah and she did not want to go with her husband. She claimed that the sister of her husband was married to her brother. She added that after a domestic dispute an Islahi Jirga of the area decided that she should be married to Inamul Haq.

The court dismissed her suit on the ground that she had attained puberty two years ago and she could not exercise her option of puberty now.

Later, she filed an appeal before the court of Izafi Zila qazi (additional district and sessions judge), who also dismissed her appeal.

The court observed that the Child Marriage Restraint Act, 1939, had not been extended to the Provincially  Administered Tribal Areas (Pata) therefore the case would be decided under the Islamic code of Hanafi school of thought. The court observed that under the code, a guardian was empowered  to arrange marriages of minor children.

On Wednesday, the girl’s father, Abdul Karim, and her father-in-law, Hidayat Haq, appeared before the court.

Advocate Sikander Khan appeared for the girl and argued that she had the right to exercise the option of puberty, which was also permissible under Islam. The court decided to summon the couple on the next date.