Bushra Bibi moves IHC for dismissal of illegal Nikah case

Bushra Bibi, wife of former premier and PTI founder Imran Khan, has filed a petition in the Islamabad High Court seeking dismissal of the illegal Nikah case against her and her spouse, reported 24NewsHD TV channel.

Bushra Bibi filed the petition in the high court on Monday through Barrister Salman Akram Raja, in which it has been stated that the case of marriage in Iddat is not maintainable, the trial court also has no jurisdiction to hear the case.

It is further stated in the petition that the petitioner’s ex-husband Khawar Manika filed a complaint under malice for nefarious purposes. Based on forged documents, Manika falsely alleged that her marriage was solemnized during Iddat.

The petitioner said that according to her ex-husband, he divorced her on November 14, 2017. But, she said, Manika verbally divorced her three times on April 15, 2017 after which she moved to her mother's house in August 2017. She said that she stayed at her mother's house until her marriage to the PTI founder on January 1, 2018.

It is stated in the petition that the Supreme Court Shariat Appellate Bench has declared that 39 days are sufficient to complete the period of Iddat.

Three judgments of the High Courts were also presented as judicial precedents in the petition.

It is further stated in the petition that Nikah solemnized in Iddat is called irregular but not annulled. Courts have declared that the marriage during Iddat is an irregular marriage which will become regular after the period of Iddah is completed. Nikah in Iddat is not declared un-Islamic or against Shariah, the petition added.

Bushra Bibi said that knowing all the facts and after fulfilling the legal and Shariah requirements, she got married to the PTI founder.

The petition further stated that the allegation on Bushra Bibi that she solemnized Nikah by fraud is not true, and the provision of adultery is also not applied in the absence of two eyewitnesses.

The petitioner said that the case of marriage in Iddat against her is not maintainable.

Bushra Bibi has requested in her petition that the January 11 order of the Additional Sessions Judge East be declared null and void, the case of marriage during Iddat should be dismissed and the proceedings of the trial court should be stayed till the decision on the petition.

Reporter Ehtisham Kiyani