Pakistan
Mst Humaira v. Malik Moazzam Ghayas Khokhar & Ors, (February 18, 1999)
High Court, Lahore
Keywords: Discrimination-Gender/Sex
Brief Summary: Petitioner, Humaira was arrested and beaten by the police while attempting to leave Pakistan a man she claimed to be her husband. Her family claimed that she was the wife of Khokhar, although Humaira maintained that her alleged marriage to Khokhar was a sham, formed under duress and after her marriage to the other man and therefore the former marriage was void. Her father instituted a criminal case gainst her under Hudiid law which includes the offense of adultery.
CEDAW: In quashing the criminal indictment against the petitioner, the court held a woman can contract marriage of her own free will and a marriage performed under coercion is not valid under the law. The court also declared that as a member of the International Committee of Nations, Pakistan must respect the international human rights instruments to which it is a party, in particular Article 16 of CEDAW.