Woman gets bail in hudood case lodged by husband
PESHAWAR, January 28 2006: The Peshawar High Court on Friday January 27 granted bail to a woman in a hudood case instituted by her husband and sent her to a shelter home because her family has refused to ‘accept’ her.
Justice Shahjehan Khan Yousafzai, heading a single bench of the PHC, further ordered that accused Ms Noreen should remain in darul aman till a close relative took her after submitting surety bonds.
The judge also granted bail to her three cousins and co-accused Mushtaq Khan, Jawed and Tariq in the sum of Rs50,000 each.
The woman had left the residence of her husband and taken shelter of her relatives in Shabqadar (Charssada). She had alleged that her husband was involved in immoral activities and was forcing her to be a part of his activities.
She often left his house and went to her parents to evade his immoral demands but her parents always asked her to return back as her husband was also her paternal cousin.
The woman filed a suit for dissolution of the marriage in a family court of Shabqadar on Nov 29, 2005 and on Dec 5, 2005, her husband Darvesh got an FIR registered against her three cousins at the Chamkani police station. In the FIR he alleged that his wife had been abducted by the three brothers (co-accused).
Advocate Misbahullah Khan appeared for the petitioners and contended that the woman had herself appeared before the police when she came to know about registration of an FIR and had stated that she was not kidnapped, rather she had left her residence on her free will.
For making this statement she was also included in the list of the accused and was arrested after rejection of her pre-arrest bail application by a subordinate court.
Mr Khan argued that the FIR was registered in retaliation to institution of the dissolution suit which was dismissed for non-prosecution during her detention in this case.
The bench inquired how could she pursue her case when she was in the prison. The bench observed that after her release she could again move the family court.
The bench was informed that the close relatives of the woman including her father was not willing to accept her back. The bench observed that she should be kept in the shelter home till any of her close relatives including her mother or brothers agree to take her back.