Sharjah Sharia Court rules that 14-year-old girl without legal documents, is a daughter of a Pakistani man

Sharjah: A 14-year-old girl living in the UAE without any legal documents has received a judgement from the Sharjah Sharia Court stating that she is daughter of a Pakistani man and thus eligible for Pakistani ID papers. 

Mariam Khan, the daughter of 32-year-old Bangladeshi housemaid Halima Mohammad Abdul Razak Khan who works in Sharjah, has been living without any legal documents as she was unable to prove her nationality. The court judgement that she is daughter of a Pakistani man may help her get her documentation.

Gulf News had published a story recently on the plight of Mariam and her mother, Halima, both of whom were scared to get on with their lives in a normal way as the young girl had no formal ID.

Last week, Mariam received a judgement from the Sharjah Courts in her favour in accordance with article 89 of personal status code; the court said Mariam is the daughter of Noor Ahmed Khan Sultan, a Pakistani national. This means that she may get Pakistani passport after approval by the Pakistan government.

Gulf News contacted the press consular of the Pakistani consulate, who said they are still awaiting the judgement in order to take any further action regarding issuing her legal documents.

Flashback

Fourteen-year-old Mariam Khan rarely leaves her home. She has never been to school. Mariam was born at home.

Halima was four months pregnant when her relationship with her Pakistani husband fell apart.

Halima has a valid marriage certificate registered in Ajman Court. But her child has no birth certificate, or passport. She is hence an illegal. But Halima is now trying to avail herself of the current amnesty and rectify Mariam’s status. Mother and daughter want to continue living in the UAE. Halima has a valid work visa.

Noor Ahmad Khan Sultan, Halima’s husband, is said to have worked as a driver in Sharjah. Halima claims her husband has not been in contact with her and Mariam. The young girl says she's never met her father.

Halima said it was like a nightmare when she was forced to deliver Mariam in a home-birth. “There was no one around to take me to the hospital when I started having labour pains.”

Mariam claimed she has never attended school in her life. She has never been given formal education as her mother could not produce legal documents in her name.

Salam Pappinnisseri of Ali Ibrahim Advocates and Legal Consultant was helping Halima get a legal document for Mariam. “We approached the Ajman court who referred Mariam’s case to the Child Protection Centre in Sharjah,” he told Gulf News.

“In order for that it was requested to verify according to the Ajman court marriage registry that the Pakistan national, Noor Ahmed Khan Sultan is the husband and Mariam is the child from the marriage. The court heard the witness at a later hearing .The witness testified that the defendant left the state after he learned of plaintiff’s pregnancy.

The judgement, a copy of the legal translation of which is with Gulf News, read: “Based on the above and guided thereby, whereas it is established by the judiciary of the Federal Supreme Court… In accordance with article 89 of the Personal Status Code that (sons and daughters’) lineage is proven by marriage bed, acknowledgement, evidence or scientific methods if the legal marriage bed is proven), the Court decides that the daughter Mariam is the daughter of the defendant Noor Ahmed Khan Sultan – Pakistani nationality."