Parents cannot threaten, harass children for contracting inter-caste or inter-religion marriage, rules SHC

The Sindh High Court (SHC) has observed that if the parents of a boy or a girl do not approve of their inter-caste or interreligion marriage, the maximum they can do is cutting off social relations with their child, but they cannot give threats or commit or instigate for acts of violence against their child who have contracted inter-caste or inter-religious marriage.

The observation came during the petition of Shairbano who sought protection in a free-will marriage case. A single bench of the SHC comprising Justice Adnan-ul-Karim Memon observed that Pakistan was primarily a free and democratic country, and once a person became an adult, he or she could marry whosoever he/she liked.

The high court directed the administration and the police authorities to ensure that if an adult boy or girl had contracted inter-caste or inter-religion marriage with an adult woman or a man, the couple was neither harassed by anyone nor subjected to threats or acts of violence.

The bench observed that anyone who gave threats to the couple or harassed them or committed acts of violence against them, they should be taken to task by police instituting criminal proceedings against them.

The high court judge, however, observed that his observation was without prejudice to the legal rights of the parties, arising out of the marriage, if any, pending before the competent court of the law.

The petitioner had submitted that she married Arbab Ali of her free will which had annoyed her family members and former spouse and they had been harassing her and her husband and interfering in their matrimonial affairs without lawful justification with the connivance of the police.

An assistant prosecutor general submitted that no harassment shall be caused to the couple on part of the police. He said the issue of marriage while being married, if it was there, shall be resolved by the competent forum under the law if the aggrieved party approached that forum. After hearing the parties and taking the statement of the law officer on record, the high court disposed of the petition and directed the police to provide legal protection to the couple

The SHC also directed the relevant SSP and SHO to protect the petitioners and secure the PR Bond of the private respondent in the sum of Rs500,000 each and the same shall be kept in the police station to the effect that no harm shall be caused to the petitioners.