Karachi court dismisses Dua Zehra’s suit for jactitation of marriage
KARACHI: A civil judge has dismissed a lawsuit filed by Dua Zehra for jactitation of her marriage and declared the marriage solemnised in Punjab in 2022 is valid.
The court ruled that the girl was at liberty to approach the relevant court regarding dissolution of marriage.
Dua Zehra had filed a family suit in 2023 against her alleged husband Zaheer, a resident of Lahore, and asking the court to declare the impugned marriage certificate (nikahnama) null and void ab initio for being as a result of fear, pressure and coercion on her.
She also submitted that the marriage certificate was forged and without her consent as she was underage at the time of its execution.
She had also sought a restraining order during pendency of the suit to restrain the defendant from making a false claim of being lawfully married to the plaintiff and having entered into a valid contract of marriage with her.
Judge rules nikah solemnised in Punjab in 2022 is valid
After examining the record and hearing both sides, Civil Judge & Judicial Magistrate (East) Mohammad Nouman Jatoi dismissed the suit for jactitation of marriage.
“It is hereby adjudged and decreed that the marriage between the contracting parties so also the Nikahnama is hereby declared as valid, while the prayer regarding to restrain the defendant is hereby dismissed. However, the plaintiff has other liberty to approach the concerned court regarding the dissolution of marriage,” the court order said.
Dua Zehra’s parents had waged a legal battle after their daughter’s disappearance from Karachi in April 2022 and following strong criticism on social media and strict orders passed by the Sindh High Court that also sent packing an acting inspector general of police over his failure to recover the girl, the police recovered the minor girl from Bahawalpur. Later, she was shifted to a shelter home in the city on a court directive.
In January 2023, the SHC had granted interim custody of the girl to her parents and later a family court had permanently handed over the custody of girl to them, observing: “The welfare of the minor is best served by placing her permanent custody with her biological parents until she reaches the age of majority.”
Zaheer Ahmed, along with his relatives and other persons, has also been facing trial before a sessions court under various provisions of the Pakistan Penal Code and the Sindh Child Marriages Restraint Act, 2013.
Published in Dawn, March 9th, 2025