Seeks directions for deportation under the Foreigners Act, 1946, alleging violation of visa conditions
Indian Sikh woman, Sarbjit Kaur with her husband. Photo: Express
LAHORE:
Indian national Karnal Singh filed a fresh constitutional petition in the Lahore High Court on Tuesday seeking the annulment of the marriage of his wife, Sarabjeet Kaur, with a Pakistani citizen, Nasir Hussain.
The petition was moved through Advocate Ali Changezi Sandhu.
According to the petition, Sarabjeet contracted marriage with Hussain after converting to Islam without first obtaining a legal divorce from her Indian husband.
The petitioner contended that the marriage violated principles laid down by Pakistan’s constitutional courts, particularly the Federal Shariat Court, regarding the procedure for a married non-Muslim woman to marry a Muslim man after conversion.
Counsel for the petitioner stated that under the principles set by the superior courts, a married non-Muslim woman must first secure a judicial divorce under her domestic law. She was also required to invite her non-Muslim husband to embrace Islam in the presence of two witnesses and wait for a period of 90 days in case he declined. Only after lawful dissolution of the earlier marriage could she validly contract a new marriage.
The petition argued that Sarabjeet’s marriage with Singh remained intact as no divorce was obtained. It was further prayed that cohabitation during the subsistence of the earlier marriage amounted to an offence under Islamic law, and a request was made to initiate criminal proceedings against Hussain on that basis.
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The petitioner also sought directions for Sarabjeet’s deportation under the Foreigners Act, 1946, alleging violation of visa conditions. He requested that she be sent to a women’s shelter home until the disposal of the case, that he and their sons be allowed to communicate with her, and that forensic examination of certain call recordings be conducted.
Allegations of forced conversion were also raised in the petition. The counsel claimed that documentary and financial evidence was annexed, along with material relating to alleged sharing of private images and videos, and sought an investigation into these claims.
The case surfaced earlier after reports emerged that Sarabjeet had travelled to Pakistan, converted to Islam and married Hussain.
The matter attracted attention in both countries due to legal questions surrounding conversion, subsistence of her earlier marriage and cross-border marital status.
The present petition marked the latest legal development in the ongoing dispute over the validity of her subsequent marriage and her immigration status in Pakistan.
