Requesting deportation directions under the Aliens Act 1946, alleging breach of visa conditions
Indian Sikh woman, Sarbjit Kaur with her husband. Photo: Express
LAHORE:
Indian national Karnal Singh on Tuesday filed a fresh constitutional petition in the Lahore High Court seeking annulment of the marriage of his wife, Sarabjeet Kaur, to Pakistani citizen, Nasir Hussain.
The petition was conveyed through lawyer Ali Changezi Sandhu.
According to the petition, Sarabjeet entered into marriage with Hussain after she converted to Islam without first obtaining a legal divorce from her Indian husband.
The petitioner claimed that the marriage violated the principles laid down by the constitutional courts of Pakistan, particularly the Federal Shariah Court, regarding the procedure for a non-Muslim married woman to marry a Muslim man after her conversion.
The petitioner’s lawyer said that under the principles laid down by the higher courts, a married non-Muslim woman must first obtain a judicial divorce in accordance with her national law. She also had to invite her non-Muslim husband to embrace Islam in the presence of two witnesses and wait a period of 90 days in case he refused. It was only after the legal dissolution of the previous marriage that she could validly enter into a new marriage.
The petition claimed that Sarabjeet’s marriage with Singh remained intact as no divorce had been obtained. It was further submitted that cohabitation during the duration of the previous marriage constituted an offense under Islamic law, and an application was made to initiate criminal proceedings against Hussain on this basis.
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The petitioner also sought directions for deportation of Sarabjeet under the Foreigners Act, 1946, alleging violation of visa conditions. He requested that she be sent to a women’s shelter until the case was resolved, that he and their sons be allowed to communicate with her, and that a forensic review of some call recordings be conducted.
Allegations of forced conversion were also raised in the petition. The lawyer claimed that documentary and financial evidence was attached, as well as material relating to the alleged sharing of private images and videos, and called for an investigation into the allegations.
The matter surfaced earlier after reports emerged that Sarabjeet had traveled to Pakistan, converted to Islam and married Hussain.
The case has attracted attention in both countries due to legal issues surrounding conversion, sustenance from one’s previous marriage and cross-border marital status.
The present petition marks the latest legal development in the ongoing dispute over the validity of her subsequent marriage and immigration status in Pakistan.
