A district and sessions court in Islamabad has reversed a previous ruling by a civil judge who dismissed a petition challenging the validity of the nikkah (Islamic marriage contract) between the PTI chairman and Bushra Bibi. In a detailed verdict, Sessions Judge Azam Khan sent the case back to the civil court, instructing it to consider all legal aspects before making a decision.
Civil Judge’s Rejection of Petition Declared Inadmissible
The petition, filed by Muhammad Hanif, sought to declare the marriage between former prime minister and Bushra Bibi as illegal. However, on May 13, Civil Judge Nasir Minullah dismissed the petition, deeming it inadmissible. Hanif’s lawyer, Raja Rizwan Abbasi, argued that Bushra Bibi was in Iddat (a waiting period after divorce) at the time of the nikkah in January 2018, making the marriage illegal.
Jurisdiction Questioned, Case Remanded for Further Review
During the proceedings, the civil judge questioned the jurisdiction of the court, suggesting that if the PTI chief’s marriage took place in Lahore, it should be handled there. Abbasi clarified that the nikkahkhawan (the person who performs the nikkah) was from Islamabad, making the case fall within its jurisdiction. However, the civil judge deemed the case beyond its purview and declared it inadmissible.
Petitioner Challenges Verdict, Sessions Court Deems Petition Admissible
Discontent with the civil judge’s decision, the petitioner took the matter to the sessions court, arguing that his arguments were not properly heard by the civil judge. The petitioner’s lawyer cited Section 179, which allows the case to be heard in both Lahore and Islamabad since the former premier and Bushra Bibi resided in Islamabad after their nikkah. After considering the arguments, the sessions judge ruled the petition admissible and sent the case back to the civil court for further proceedings.
