Court allows underage-but-married Pak 7th grader to attend school following rustication
December 3rd, 2010 - 6:53 pm ICT by ANIPeshawar, Dec 3 (ANI): The Peshawar High Court (PHC) has granted permission to a grade seven student for taking classes in the school that had rusticated him for getting married despite being underage.
A PHC division bench, which took up the case for hearing, also put the principal and board of governors of the Peshawar Model School (Boys-III) on notice in the case, the Daily Times reported.
The petitioner’s lawyer contended that the school administration had expelled the student- Ghairat Khan- only because he had got married, adding that it was unlawful to put the student’s future at stake.
Khan, in his petition, stated that his father had died some months back and his ill mother was finding it difficult to carry out the household work alone, which was the reason why he married one of his uncle’s daughters.
He had entered into wedlock as per the permission and desire of his mother and other relatives, Khan said, adding that after his marriage, the principal of his school expelled him after handing him a certificate.
His lawyer argued before the court that there was no law in the country that allowed the respondent to expel the student for contracting marriage, and called for declaring the “impugned” actions unlawful. He further said that the student was a Muslim and under the Islamic law, he could contract marriage on his own if he had attained puberty.
Further, it was stated in the petition that there were a number of students of the same school who were married and carrying on with their schooling without any hindrance.
Earlier this year, the management of the Peshawar Model School had agreed to readmit Khan, provided the court of law asked it to do so. (ANI)
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Tags: board of governors, division bench, hindrance, household work, ill mother, islamic law, model school, muslim, peshawar high court, petition, petitioner, phc, puberty, relatives, respondent, rustication, school administration, school boys, stake, wedlock