KARACHI:Sindh High Court (SHC) on Monday sent Arzoo, a minor Christian girl, to shelter home as she refused to go back with her parents.
A two-member bench of the SHC, headed by Justice KK Agha, heard the case. The court ordered arrangements for her education and other facilities in the shelter home. The lawyer of Arzoo argued that Arzoo wanted to file a petition but shelter home administration did not allow the meeting.
The public prosecutor argued that it is not a case of kidnapping, but a case of underage marriage. The Nikahkhwan, who arranged the marriage of Arzoo and Ali Azhar, was granted bail while other accused in the case have also got bails from the court and two accused are absconding, the prosecutor said.
At which, the court asked him: “What efforts have been taken for their arrest, it is your responsibility to arrest the absconding accused.”
The lawyer of Arzoo argued that the charge sheet of the case has been presented in the lower court. “You should keep quiet, you are not a lawyer in this case,” Justice Agha said while replying to him.
“According to a Supreme Court ruling, the case should be made under the Islamic law when the matter has relevance with the marriage law as well as the Islamic laws,” the counsel further argued. “You are committing contempt of court, if you try to speak more, contempt of court action will be taken against you,” Justice KK Agha lashed out at the layer.
“Don’t give us instructions; we know how to precede the case, the court remarked. During the hearing, the court asked the girl: “Do you want to go with your parents,” the girl once again refused to go with her parents.
The case should be decided under Islamic law, lawyer Arzoo said. “When it comes to family law and Islamic law, Islamic law will prevail,” the lawyer added. Disposing the case, the court remarked: “We have decided that, if you want you can challenge it in the Supreme Court.”
“Police should present its report in the lower court after transparent investigation of the matter,” the judge said. “Arzoo, should be sent to a shelter home and arrangements should be made for her education and other required facilities,” the court ordered. The bench also ordered the home department to arrange counseling for the girl and dismissed the petition.
Earlier, a five-member medical board, constituted by the SHC to determine the girl’s age, had said in its report that “Arzoo Fatima, has been aged between 14 to 15 years.” The parents of the girl had complained that Arzoo Raza alias Arzoo Fatima, was abducted and forced to convert and married to Ali Azhar. Arzoo Fatima, a Christian girl, was allegedly abducted and forced to convert and marry to Ali Azhar 44.