SHC allows Hindu convert to live with her spouse

Karachi
The Sindh High Court on Tuesday allowed a Hindu woman who converted to Islam to live with her spouse after it was informed that her former Hindu spouse did not initiate any proceedings in a family court.
The order came on am application filed by the counsel for the Panah shelter home, which submitted that the ex-spouse of the petitioner, Reshma, did not initiate proceedings against her in a family court.
Reshma had sought quashment of an FIR lodged against her Muslim spouse at the Qubo Saeed Khan police station in Kambar Shahadkot on a complaint of her ex-spouse.
The woman said she converted to Islam and married Mumtaz Ali of her own free will on December 24, 2014, but her ex-spouse, Nazeer, registered a case against Ali and his family members.
Nazeer’s counsel, Kalpna Devi, had raised objection to the marriage of the petitioner and submitted that the woman belonged to the Hindu community and had already been married to Nazeer, and out of their wedlock, three boys were borne.
She submitted that Reshma, who had been six to seven months pregnant in April 2015, could not enter into the second marriage contract without obtaining a divorce in accordance with the law.
The petitioner’s counsel, Syeda Saima Zaidi, said that Reshma, being sui juris, had embraced Islam and entered into a valid contract of marriage with Ali out of her free own will; therefore, the allegations as contained in the FIR regarding her abduction were nothing but the brainchild of the complainant, who was the ex-spouse of the woman and wanted to cause harassment and blackmail them.
Reshma asked the court to quash the proceedings against her spouse and she may be allowed to go with her Muslim spouse as per her choice.
The provincial law officer, Saifullah, had referred to two judgments of the Federal Shariat Court and the Supreme Court, and submitted that in view of the superior courts’ judgments, if a non-Muslim woman embraces Islam, her previous marriage stands dissolved and she can enter into a contract marriage with a Muslim as per Sharia and as per her own free will.
He submitted that if a pregnant woman enters into contract of marriage after converting to Islam, such marriage is irregular but not void and after the delivery of the child, such marriage can be re-solemnised.
He said that after the statement of the petitioner the impugned FIR registered on a complaint from her ex-spouse over her abduction was false and frivolous, and the court had the authority to quash the case while exercising the constitutional jurisdiction under Article 199 of the constitution.
The SHC had on April 9 directed the trial court to pass an appropriate order on a police investigation report that sought the cancellation of the abduction case against the spouse of the woman who married him after converting to Islam.
The court had ordered that petitioner shall be kept at the shelter home till the delivery of the child.
Reshma’s counsel mentioned in the application that the SHC while disposing of the petition also noted in the order that if the complainant, the ex-spouse of the petitioner, did not file legal proceedings before the proper court of jurisdiction within one month, then the petitioner shall be at liberty to go and live with her present spouse as per her own free will and choice and police shall provide protection to the couple.
She submitted that despite the lapse of two months no intimation notice was received by an application from her ex-spouse, and asked the court to allow her to live with her spouse as per the court direction.
A division bench, headed by Justice Irfan Saadat Khan, allowed the applicant to live with her spouse, and disposed of the application.