Father withdraws SC Dua Zahra’s marriage annulment request

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The Supreme Court (SC) on Thursday dismissed a petition filed by the father of Dua Zahra, a girl who disappeared from Karachi in April and was later found to have married a man in Punjab, against the court’s verdict. High Court of Sindh (SHC) declaring it to be withdrawn.

The CHS had on June 8 disposed of a request from Dua’s family following the girl’s appearance in court and her declaration that she had married of her own free will. The high court said Dua was free to decide who she wanted to live with.

After the CHS verdict, Dua’s father, Syed Mehdi Ali Kazmi, appealed to the SC, saying that the CHS erred in its June 8 order by disregarding the criminal procedure code, the code Pakistani Penal and Guardians Act, and set the ‘minor girl’ free to decide who she wants to live with, instead of placing her under the legal guardianship of her parents.

During Thursday’s hearing, a three-member SC bench headed by Justice Sajjad Ali Shah observed that the Supreme Court was not the appropriate forum to bring a civil dispute and that the claimant should have gone to to the competent forum to obtain redress for his grievance concerning the fate of his daughter. marriage and determination of his age by setting up a medical commission.

The SC observed that the girl had recorded her statement before a magistrate and the High Court regarding her marriage. The headquarters observed that the applicant should have first applied to a civil court to obtain redress for his grievance.

The Supreme Court observed that the girl had recorded a declaration that she had married of her own free will and that she also had rights under the law. After these submissions were made by the SC, the petitioner’s attorney withdrew the motion and the Supreme Court ruled on the plea, declaring it withdrawn.

Later, speaking to reporters, the petitioner’s lawyer said his client would go to the appropriate forum to determine the age of the girl and the legality of her marriage under the Marriage Restriction Act. children from Sindh.

Earlier, the CHS rejected Dua’s parents’ request for the annulment of her marriage, observing that this court cannot decide factual disputes as it may affect and harm the interests of either party.

The High Court observed that aggrieved parties, if any, were always free to challenge the same in a competent court. The high court observed that apparently the parents’ petition had served its purpose as it only sought to find out the whereabouts of the girl who had already been brought before the court and she stated emphatically under oath that she had no was neither abducted nor kidnapped but had entered into a marriage contract with a man,

Zahir Ahmed.

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