SHC seeks comments on plea for cancellation of Dua Zehra’s marriage

The Sindh High Court issued notices to the prosecutor general of the provincial, the SSP of District East and other respondents on Tuesday on a petition for the recovery of Dua Zehra and the cancellation of her marriage under the Sindh Child Marriage Restraint Act.

Petitioner Syed Mehdi Ali Kazmi said his daughter Zehra went missing after leaving the house on April 16 and a case was registered on kidnapping and trafficking charges. He said police failed to file a charge sheet with regard to the kidnapping of her daughter despite knowing the fact that the it was confirmed that his daughter, a minor, was in the custody of one Zaheer Ahmed, a resident of Lahore.

Kazmi said his daughter during her confinement at Ahmed’s house claimed marring him and she seemed to be afraid and under pressure at a press conference.

He said Zehra was 14 years of age, belonged to the Shia sect and her marriage without a Wali and under the Sindh Child Marriage Restraint Act was also void and ab initio. He submitted that the law did not permit marriage with a minor; therefore, Ahmed and the Nikahkhuwan and witnesses may be prosecuted under the Sharia and penal laws.

The petitioner said it would be the welfare of the minor that court must secure her presence and order her return to her parents from the house of Ahmed in light of a high court judgment.

The court was further requested to direct the police to inform it about her whereabouts, recover Zehra and set her free from the illegal detention of her alleged spouse. He also requested the court to direct the police to ensure her production before the court and declare the alleged marriage as unlawful and void ab initio.

A division bench, headed by Justice Mohammad Iqbal Kalhoro, issued notices to the prosecutor general, the home department, the SSP East and others and called their comments on May 20.