Karachi (HRNW) The Sindh High Court (SHC) on Friday allowed a Karachi teenager, who had allegedly eloped with a man from Punjab, to go with her parents at their request.
This was decided on Friday by a bench of the Sindh High Court comprising Justice Iqbal Kalhoro while hearing a petition filed by the teenager’s parents seeking her custody.
On Friday, the teenage girl and her alleged husband, Zaheer Ahmed, were presented in court along with their lawyers.
During the hearing, Ahmed’s lawyer argued that a judicial magistrate had previously rejected the plea and it is currently pending before a family court.
He argued that until the pending cases are decided by the lower courts, the higher judiciary cannot hear cases.
Ahmed’s lawyer further contended that the teenage girl is currently living in a shelter on court orders while the accusation of detaining her against her will has also proven to be false.
Justice Kalhoro then asked the teenager to confirm her name for the record. He asked her what grade she studies in, to which she responded that she studies in the seventh grade, but her studies came to a stop due to the novel coronavirus (Covid-19) pandemic.
When the court asked with whom she wanted to go with, the girl mentioned her parents.
At this, Ahmed’s lawyer argued that the court should afford her husband to meet with his wife.
But Justice Kalhoro contended that even after marriage, if the wife wants to go with her parents, who can stop her?
“When the girl wants to go with her parents of her will, how can we stop her?”
The lawyer for the girl’s parents, Jibran Nasir, urged the court to ensure protection for the girl’s family.
“Wherever the girl goes, whether to school or some other place, she should be provided with security,” he argued.
At this, the court asked the girl’s parents what guarantee can they give that the girl would remain safe with them as he pointed towards practices in other parts of the province where such girls take on greater risk to their lives when returning home.
“We are handing over the child to you, but it comes with many heavy responsibilities,” the court noted.
Nasir noted that the teenager had expressed the wish to go on pilgrimage, but the court noted that at this point, it is not at all advisable to allow the child to travel abroad.
Subsequently, the court allowed the teenager to go with her parents.
The court further directed the parents to provide complete protection to the teenager and submit a surety of Rs1 million.
Child protection officers and a lady police officer were directed to hold weekly meetings with the teenager to inquire about her condition and state of affairs and subsequently submit a report to the subordinate courts.