Seeks directions for deportation under the Aliens Act 1946, alleging violation 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 before the Lahore High Court seeking annulment of the marriage of his wife, Sarabjeet Kaur, to a Pakistani national, Nasir Hussain.
The petition was filed through lawyer 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 contended that the marriage violated the principles laid down by the constitutional courts of Pakistan, particularly the Federal Shariat Court, regarding the procedure for a married non-Muslim woman to marry a Muslim man after her conversion.
The petitioner’s counsel submitted that as per the principles laid down by the High Courts, a non-Muslim married woman must first obtain a judicial divorce under her domestic law. She was also asked 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. Only after the legal dissolution of the previous marriage could a new marriage be validly contracted.
The petition argued that Sarabjeet’s marriage to Singh remained intact as a divorce was not obtained. It was further requested that cohabitation during the subsistence of the previous marriage constituted an offense under Islamic law, and it was requested that criminal proceedings be initiated against Hussain on that basis.
Read more: Deportation of Indian woman married to Pakistani man stopped
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 his children be allowed to communicate with her, and that a forensic examination be conducted on certain call recordings.
Allegations of forced conversion were also raised in the petition. The lawyer stated that documentary and financial evidence was attached, along with material related to the alleged sharing of private images and videos, and requested an investigation into these claims.
The case emerged earlier after reports emerged that Sarabjeet had traveled to Pakistan, converted to Islam and married Hussain.
The matter attracted attention in both countries due to legal issues related to conversion, subsistence from his previous marriage and cross-border marital status.
The present petition marked the latest legal development in the ongoing dispute over the validity of their subsequent marriage and their immigration status in Pakistan.
