LAHORE: Invoking jurisdiction of the Lahore High Court an Indian national has filed a plea seeking annulment of the marriage of his `wife`, Sarabjeet Kaur, with a Pakistani citizen, alleging that her second marriage was contracted without lawful dissolution of the first one.
The petitioner, Kernal Singh, who presently lives in the United Kingdom, approached the court through his attorney, Mahinder Pall Singh (UK).The petition, filed locally through Advocate Ali Changezi Sandhu, contends that Sarabjeet Kaur contracted Nikah with Nasir Hussain without obtaining a judicial divorce from herIndian husband. The petitioner`s counsel argues that the constitutional courts of Pakistan, particularly the Federal Shariat Court, have laid down specific principles governing the marriage of a married non-Muslim woman with a Muslim man after conversion. He states that a married non-Muslim woman must first obtain a judicial order for divorce under the domestic laws.
According to the law, she must invite her non-Muslim husband to embrace Islam in the presence of two witnesses and wait for 90 days for his decision. If he declines, the marriage may be dissolved, he adds. The petitioner`s counsel maintains that as these procedures were not followed and, therefore, the marriage of Kernal Singh and Sarabjeet Kaur remains legally intact. He further contends that any cohabitation during the subsistence of the first marriage would amount to `Zina` under the Islamic law. He sought initiation of criminal proceedings against Nasir Hussain on related charges. The petitioner also asks the court to order deportation of Ms Kaur under the Foreigners Act, 1946, and for alleged violations of pilgrimage visa conditions.
Advocate Sandhu sought annulment of the Nikah of Ms Kaur and Nasir, her deportation and criminal proceedings against them, as deemed appropriate by the court. He argues that Ms Kaur should be placed in a women`s shelter home until the matter is decided.The petition has been fixed for hearing for Wednesday (today) before Justice Farooq Haider.
Sarbajeet Kaur, 48, had come to Pakistan via Wagah border to attend the birth anniversary of Guru Nanak, the founder of Sikh religion, at Gurdwara Janamasthan, Nankana Sahib. She later embraced Islam and contracted marriage with Nasir Hussain. She was given a Muslim name, Noor, before solemnisation of her Nikah.
