SHC seeks information on legislation regarding protection of wives

The Sindh High Court (SHC) has issued notices to the attorney general of Pakistan and the Sindh advocate general, seeking their comments with regard to protection and shelter of married women who were forced to leave home by their spouses over domestic disputes.

The notices were issued on the petition of a woman, Afsheen, who sought custody of her four minor children. The petitioner submitted that her spouse questioned her character after 11 years of marriage and expelled her from the house in January this year. The husband allowed her to take her six-month baby but kept her other four children with him who were between two and 10 years old.

The petitioner informed the court that despite 11 years of wedlock, she was expelled from the house in a manner that no immediate shelter was available for her. After hearing the arguments, an SHC single bench, comprising Justice Salahuddin Panhwar, observed that it was unfortunate that such incidents were being witnessed regularly in which men exploited their certain privileges which women did not have.

The SHC observed that since the state had the ultimate status of the guardian, it should ensure that temporary arrangements were available to women like the petitioner in case their spouses misused their privileged positions. The court observed that if a man wanted a temporary separation from his wife for any reason, he was expected not to deprive the wife of any of her right, including the accommodation.

The SHC handed the custody of the four minors over to the petitioner and directed the father to meet all expenses of the minors under the supervision of the petitioner. The court also directed the attorney general and provincial advocate general to file comments regarding any legislation on the issue. The bench directed the chief secretary to submit a report with regard to legislation for the protection of housewives as well as arrangements of immediate shelter for women like the petitioner. The hearing was adjourned till October 31.