Seeking directions for deportation under the Foreigners 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 a Pakistani national, Nasir Hussain.
The petition was moved through advocate Ali Changezi Sandhu.
According to the petition, Sarabjeet married Hussain after converting to Islam without first obtaining a legal divorce from her Indian husband.
The petitioner argued that the marriage violated principles laid down by Pakistan’s constitutional courts, particularly the Federal Sharia Court, regarding the procedure for a married non-Muslim woman to marry a Muslim man after conversion.
The petitioner’s counsel stated that according to the principles laid down by the higher courts, a married non-Muslim woman must first secure a legal divorce under her national 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 if he refused. Only after the legal dissolution of the previous marriage could she validly enter into a new marriage.
The petition claimed that Sarabjeet’s marriage to Singh remained intact as no divorce was obtained. It was further pleaded that cohabitation during the existence of the previous marriage was an offense under Islamic law and a criminal case was sought against Hussain on that basis.
Read more: Deportation of Indian woman married to Pakistani man stopped
The petitioner also sought Sarabjeet’s deportation under the Foreigners Act, 1946, alleging violation of visa conditions. He requested that she be sent to a women’s shelter pending the outcome of the case, that he and their sons be allowed to communicate with her, and that certain call recordings be forensically examined.
Allegations of forced conversion were also raised in the petition. The lawyer claimed that documentary and financial evidence was attached, along with material relating to the alleged sharing of private photos and videos, and sought an investigation into these allegations.
The case came to light earlier after it emerged that Sarabjeet had gone to Pakistan, converted to Islam and married Hussain.
The case attracted attention in both countries due to legal issues surrounding conversion, alimony from her previous 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.
