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Saturday, July 2, 2022

Supreme Court settles Dua Zahra case, orders father to approach appropriate forum

Karachi: In the Supreme Court, Dua Zahra’s father withdrew his petition regarding the abduction of his daughter, on which the court disposed of the case.

The parents’ appeal against the decision of Sindh High Court in Dua Zahra recovery case was heard in the Supreme Court Karachi Registry. Dua Zehra’s father appeared in the court and said that he met his daughter for only 5 minutes. The lawyer said that a medical board was not formed in the case.

The court remarked that the girl was brought on your request and her will was asked. Sindh High Court allowed the girl to go of her own free will. What do you want now? In this case, the issue of child marriage is understood but the claim of abduction is not understood. The girl has given a statement to go to two courts voluntarily.

Justice Sajjad Ali Shah said that statements have been made in two courts. What is your problem? When the girl herself is giving statements, even if she says that she has to go with her husband, then what will you say?

Dua’s father could not give a satisfactory answer to the court question.

The Supreme Court remarked that Allah has created the child free from the beginning, we can understand the grief of his father, but the statements of the child have been made, you cannot accuse anyone that he was forced, if kidnapped. Proven to be underage, underage marriage makes sense, you and your wife calmly meet daughter 6 hours or as many as you want, the girl got married willingly and she also has desires, in fact you want it That the court decides whether the marriage is valid or not.

Father Mehdi Kazmi said that this is what I want, the girl is still young, we do not get married without a guardian.

Justice Muhammad Ali Mazhar said that only a girl can challenge the status of marriage, the law is clear, even under Sindh law marriage does not end, we cannot force a girl.

Justice Muneeb Akhtar remarked that you can file Guardian’s case in Sessions Court, you can file civil suit, understand the legal points, we know the sensitivity of the case but do not need to be emotional, you read the Marriage Act. However, only a girl can challenge a girl’s marriage, there is no case of harassment and kidnapping, even if there is marriage under the age of 16, the marriage remains, you can not end the marriage, even at a young age. If I get married, the marriage will not end.

The Supreme Court, while preserving the verdict in the Dua Zahra case, said that the verdict would be announced today. Later, the lawyer of father Mehdi Kazmi requested to withdraw his application on which the court disposed of his application.

The Supreme Court directed Mehdi Kazmi to refer to the relevant forums and said that the relevant case does not fall under our jurisdiction.

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