KARACHI – The Sindh High Court has stated that if a husband’s whereabouts remain unknown for seven years, a woman becomes free to remarry.
A 14-year-old missing person recovery petition was heard before a constitutional bench comprising Justice Yusuf Ali Saeed and Justice Abdul Mubeen Lakho.
The court summoned the wife of the missing person in the filed case and asked whether she still wishes to pursue the petition after such a long time.
The petitioner’s lawyer, Syed Nadeem-ul-Haq, stated that Abdul Rahman owned a dupatta shop in Clifton. On 28 November 2011, under the pretext of a business deal, Abdul Rahman was called to Mazar-e-Quaid via phone, after which no information about him was received. An FIR regarding his disappearance and abduction was also registered in Brigade Police Station in 2017.
Justice Yusuf Ali Saeed remarked that the case had even reached the Supreme Court, so there was little more the court could do. The lawyer stated that they had approached every forum but Abdul Rahman could not be traced.
The court inquired about the ongoing investigations and the formation of a Joint Investigation Team (JIT). Justice Abdul Mubeen Lakho asked how many children the missing person had. The lawyer replied that Abdul Rahman has three children and his wife filed the petition.
The court noted that if a husband’s whereabouts remain unknown for seven years, the woman becomes legally free. The lawyer clarified that they were seeking recovery of the husband, not determining the woman’s legal status.
The court emphasized that the woman’s opinion must be heard and ordered her to be produced in court. The hearing was adjourned until the first week of February.
