ISLAMABAD: The Islamabad High Court (IHC), Wednesday, reserved its verdict in Bushra Bibi’s petition seeking the dismissal of the plea filed by her ex-husband Khawar Maneka against the ‘fraudulent’ marriage between her and Imran Khan.
A single bench Chief Justice Aamer Farooq on Wednesday heard the petition moved by Bushra Bibi, the wife of Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan and reserved the judgment after hearing the arguments of both sides in the Iddat case.
The petitioner has challenged the order dated 11.12.2023, passed by Senior Civil Judge-II, East-Islamabad, whereby, complaint filed by respondent No2 was admitted and process under Section 204 CrPC has been issued against the petitioner to face trial, as well as the order dated 11.01.2024, passed by Additional Sessions Judge-V, East-Islamabad, whereby, revision filed by the petitioner was dismissed.
During the hearing, PTI lawyer Salman Akram Raja argued that the case was only aimed at humiliating the petitioners.
He mentioned that the complaint against Imran’s marriage was filed five years and 11 months after the Nikah in November 2023.
Justice Aamer Farooq asked about the timing of the initial complaint. Raja responded that the complaint was lodged in November 2023, almost six years after the marriage.
The court pointed out Khawar Maneka’s claim that he divorced Bushra Bibi on November 14, leaving a gap of 48 days if the marriage with Imran Khan occurred on January 1.
Maneka’s lawyer, Rizwan Abbasi, cited Shariah, stating that the waiting period (Iddat) after divorce is 90 days. He questioned the validity of the second Nikah if the first marriage was legitimate, emphasizing that witnesses confirmed their presence at both ceremonies.
The judge raised concerns about proving the time-frame difference. To which, Abbasi argued that both the husband and the prosecution would provide evidence. The court sought clarification on which husband, and Abbasi replied that the one with whom she lived for 28 years would testify. The judge questioned the significance of proving the timeline and suggested that even if proven, it might not constitute an offense.
Abbasi contended that declaring the marriage irregular would be against the law. He said that they are asserting that Khawar Maneka verbally divorced her in April 2017, despite having photos of a trip together in August.
After hearing the arguments, the IHC bench reserved its decision on the petition.
Bushra Bibi filed the petition through her lawyer Barrister Salman Akram Raja and requested the IHC to dismiss the admissibility of the case, stating that a trial court has no jurisdiction to hear it.
In her plea, she mentioned that in their judgments the high courts declared marriages in Iddat to be irregular, not annulled. The petition further contested that Bushra’s ex-husband filed a complaint under malice for nefarious purposes, falsely alleging marriage during Iddat on the basis of false and fabricated documents.
Copyright Business Recorder, 2024
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