The Sindh High Court directed investigation officer on Wednesday to produce Nimra Kazmi before it on May 27.
The direction came on a petition seeking the recovery of Nimra Kazmi and the cancellation of her unlawful marriage under the Sindh Child Marriage Restraint Act.
A division bench headed by Justice Mohammad Iqbal Kalhoro inquired the investigation officer why the girl was not produced before the court. The investigation officer submitted that she was to appear before the Taunsa Sharif civil judge for recording her statement under Section 164 CrPC. He requested time to produce the girl before court after her statement was recorded.
The high court directed the IO to produce the girl before it after recording her statement before a magistrate by May 27. Petitioner Nargis said her daughter Nimra Kazmi went missing after leaving the house on April 20 and a case was registered on kidnapping charges. She submitted that police failed to file a charge sheet with regard to the kidnapping of her daughter despite knowing the fact that the it was confirmed that her daughter, a minor, was in the custody of one Najeeb Shahrukh, a resident of Tunsa Sharif.
Nargis said her daughter during her confinement at Shahrukh’s house claimed marring him and she seemed to be afraid and under pressure at a press conference. She said her daughter was 14 years of age, belonged to the Shia sect and her marriage without a Wali and under the Sindh Child Marriage Restraint Act was also void and ab initio.
She said Nimra was 14 years old, which can also be verified through the National Database Registration Authority’s certificate as well as her education record; therefore, her marriage would be unlawful under the child marriage restraint law.
The court was further requested to direct the police to inform it about her whereabouts, recover Nimra and set her free from the illegal detention of her alleged spouse. The court was also requested to direct the police to ensure her production before the court and declare the alleged marriage as unlawful and void ab initio.
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