Couple granted bail in ‘adultery’ case
PESHAWAR, Dec 10: The Peshawar High Court on Monday granted bail to a couple who married of their own free will but were charged by the girl’s father with commission of adultery.
Chief Justice Dost Mohammad Khan of the single-member bench disputed a nikkah certificate produced by the father of the girl, Zainab, alleging she was already married and had contracted second marriage without getting divorce from her first husband. The chief justice directed the director of the anti-corruption establishment to verify the nikahnama and if it was found fake, then action should be taken against the relevant nikahkhwan and father of the girl, Sultan Khan, who is also complainant in the case.
The court ordered the said director to verify the signatures of the girl on the two nikahnamas. The chief justice accepted bail petitions filed by the couple and directed them to furnish two surety bonds each valuing Rs50,000.
Saqib Alam, lawyer for the couple, said a few months ago, the girl had left her parents’ residence and had gone with the male accused, Saqib. He added that they had appeared before a court in Mardan district and entered into a court marriage.
He said the complainant had filed an FIR at Nowshera Kalan police station on Sept 4, 2012, wherein he had charged his daughter and the male accused with commission of adultery. He said the complainant claimed that the nikkah of his daughter was already solemnised with their relative, Waqar, in May 2012.
The complainant alleged that the accused Waqas lured his daughter and took her away. He alleged that the second nikkah of her daughter with Waqas was illegal as she was already married. The male accused was charged under Section 365-B of Pakistan Penal Code, dealing with kidnapping or inducing woman to compel for marriage. The girl was charged under Section 497 of PPC, dealing with adultery.
The lawyer said Section 497 had already been repealed from the PPC through the Offence of Zina (Enforcement of Hudood) Ordinance 1979. He added that the couple was arrested illegally. He said the couple had visited the police station and produced their nikahnama but even then, they were arrested.
He said the girl had recorded her statement under Section 161 of Code of Criminal Procedure and had stated that she was not kidnapped and in fact she had left her parents residence of her own free will and married Waqas.—Bureau Report