PESHAWAR, Oct 7: The Peshawar High Court on Monday handed over a minor girl to her mother on her assurance that she would not harm her daughter.
The mother, Farhat Begum, had filed a habeas corpus petition before the high court, stating that an influential figure of Sardehri, district Charssada, Fazal Malik Khan and his son, Shakeel, had kidnapped her daughter, Sheema Tariq, two months back and had been keeping her in illegal confinement.
On the orders of the high court the girl was produced by Fazal Malik, who stated that she had married his son in accordance with her free will and they did not hand over the girl to her mother as they feared that she would fell prey to honour-killing. The detainee is stated to be the first cousin of the alleged abductor, Shakeel.
A division bench comprising Justice Ijaz Afzal and Justice Dost Mohammad disposed of the habeas corpus petition after the petitioner, Farhat Begum and her brother, Iqbal Khan, furnished surety bonds of Rs one million each and gave an undertaking that they would be responsible for the safety of the girl.
Advocate Abdul Lateef Afridi appeared for the respondents and contended that they had solemnized proper Nikkah and they had also transferred a residence on the name of the girl as dower.
Advocates Murtaza Durrani and Mian Hissamuddin appeared for the petitioner and contended that the girl was minor as she was born on May 5, 1992. They produced the Nikkah documents of her parents according to which their Nikkah had taken place on April 12, 1989.
The court observed that it would give time to both the parties for reconciliation. The NWFP Advocate General, Barrister Jehanzeb Raheem, mediated between them during the tea-break after which father-in-law of the girl, Fazal Malik, agreed to hand over the girl to her mother provided they gave assurance of her safety.
When the bench reassembled the counsel of both the parties informed that the issue had been resolved amicably. In an emotional manner mother of the girl told the court that she wanted that her daughter become a doctor, but they had abducted her and forcefully arranged her marriage. She added that once her daughter attained maturity it would be her decision to marry a person of her choice.
Both the mother and daughter hugged each other in the courtroom and started crying. The mother was constantly asking her: “why you left me. why you were not coming to me.” The girl, who was attired in a bridal dress was asking her teenaged husband what would happen if she was handed over to her mother. She was screaming and was reluctant to accompany her mother without her in-laws.
The respondent, Fazal Malik, told Dawn that from the very first day when his son forcefully took away the girl and contracted marriage with her he was offering the girl parents to take away her on the condition to give surety of her life and that she would remain in wedlock of his son, but they were reluctant on that condition. He added that the girl was now his daughter-in-law and he would not allow any one to harm her.
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