Paridhi Arya
Published on June 25, 2022 at 15:45 IST
The Three judges Bench of Justices Sajjad Ali Shah, Munib Akhtar and Muhammad Ali Mazhar have ordered to form medical board to determine the age of a girl in Dua Zehra case and also stated the Petitioner to move to the Family Court.
The Petition was filed by Dua’s father against the decision of Sindh High Court which allowed the teenager who alleged to be minor and married to live at her liberty.
On April 16 the petitioner filed an FIR that her daughter Dua got kidnapped when she went to throw the garbage. This case got flooded the social media and after 10 days that is on April 26 Dua was found in Punjab
When Police found Dua she said that she was not kidnapped and she married Zaheer with her free will and so she requested not to bother her.
Dua claimed that she is eighteen years old and denied her parents allegation of her being minor. Zaheer her husband filed the petition against her father and cousin in Lahore District and Sessions Court.
The Court allowed Dua to live at her own will and can go where she wanted while rejecting the plea to let her live in Darul Aman. The Dua ‘s father is not ready to accept it and said that his daughter was kidnapped and now she is forced to make these statements.
Dua’s father Kazmi had approached the Sindh High Court stating that she is 13 years old and according to Sindh Child Marriage Restraint Act, 2013 and it is illegal. They had submitted her birth certificate. The Court ordered ossification to determine age.
The age was found to be 16 and 17 years of bone and Court held that Dua can decide where she wants to live according to her will. The Court said that Petition was to know whereabouts of alleged minor or abductee.
Kazmi Dua’s father who is aggrieved by the High Court’s decision approached Supreme Court seeking formation of Medical board to determine her age and stated that minor should be put into the guardian’s custody but Court had given her the liberty to live at her own.
The Supreme Court of Pakistan disposed the Petition after allowing the formation of medical board and clarified that High Court’s order will not be a hindrance. Kazmi will now move to High Court to constitute medical board and Family Court to challenge the nikahnama.
The criminal trial against Zaheer will continue. The Counsel of the Kazmi stated in media that after the result of medical board will come they will again approach the Supreme Court.