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`Forcibly marrying sister-in-law`: IHC issues notices

ISLAMABAD: The Islamabad High Court Chief Justice on Friday issued notices to Abpara SHO in a petition filed by a woman seeking criminal case against Haji Ahmed Hussain, husband of her elder sister, for forcing her to sign Nikah with him.

Chief Justice IHC Iqbal Hameedur Rehman directed the police and Ahmed to respond to the petition filed by Nighat Perveen and her father Muhammad Khan both natives of Mandi Bhaud Din by May 4.

Ahmed Hussain, an employee of Capital Development Authority, allegedly raped Nighat and kept her under detention.

Citing senior superintendent of police SSP Islamabad, and Abpara and Secretariat SHOs as respondents Nighat alleged Haji Ahmed Hussain forced her to sign nikahnama and lived with her as husband without her consent.

“Ahmed had married my elder sister Riffat Kausar in 1999 after she got divorce from her earlier husband. It was in 2007 he forced me to contract nikah with me as he is an influential person and employee of Capital Development Authority,” said the petitioner woman.

“Ahmed has also forced my elder sister to undergo abortions for five times. He did not tell his wife about forcing her sister into the marriage. The man has been guilty of rape”, the petitioner maintained through her lawyer Muhammad Ali Khan.

Nighat said she moved a complaint with SSP Islamabad ad SHO Abpara for registration of rape case against Ahmed but no action was taken. When police did not register the case she said she moved the court of district and sessions judge in the capital. On March 31 the court directed police to take lawful action on her complaint but the police did not follow the court orders. The petitioner along with her father moved fresh complaint with secretariat police for FIR but without results.

Advocate Khan in response to a question said Nighat could not go to civil court for dissolution of marriage as Ahmed`s nikah with his wife`s sister was not legal under Islamic law and was tantamount to rape.

Petitioners` lawyer further alleged Ahmed kept threatening the woman against disclosing the nature of their relations. The woman along with her ailing father was in the virtual custody of Ahmed. As soon as they got rid of the man they approached local police for registration of rape case against him, the lawyer added.

Source: Dawn

Date:4/23/2011