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Freewill marriage couple: case lodged by girl’s father quashed

KARACHI: The Sindh High Court quashed on Thursday a criminal case lodged by the father of a girl who married of her free will against her husband and his relatives and allowed the couple to live together without being harassed by police.

Salma and Imran Bhatti submitted that they solemnised their nikah on April 11 in the presence of Imran’s father and relatives but against the wishes of Salma’s father, Niaz Mohammad Brohi, who lodged a complaint with the Clifton police station. He alleged that Imran had kidnapped her 18-year-old daughter with intent of committing rape.

As the police started questioning the accused, the couple moved a writ petition through Advocate Saathi M. Ishaq saying that the case registered by the police on Niaz Brohi’s complaint was patently false and they were living together as lawfully-married husband and wife. They annexed the copy of their marriage deed and recorded their statements and requested the court to order quashment of the case to protect them from harassment.

The respondent father’s counsel also produced nikahnama or marriage deed, which was dated July 11. The petitioners said the deed was fabricated as Salma had already been living with her husband since April 11.

A division bench comprising Justices Nadeem Azhar Siddiqui and Arshad Siraj Memon remarked that the second deed had been disowned by petitioner Salma and was also subsequent to the document produced by the couple. It directed the police to quash the case against the petitioners.
Source: Dawn
Date:7/24/2009

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