Prove you’ve got my DNA, father asks daughter
VIJAY UPADHYAY
ETAH, 4 Nov. Two kids, who have barely initiated on the arduous journey of life, shall now have to pass through a DNA test to prove that the blood flowing in their veins belongs to their fathers.
Riasuddin, a simple farmer of Etah district in Uttar Pradesh, has demanded for a DNA test of his child Umra, before he accepts his wife and child back into his home. Married to Nazia Beghum of Etah on 20th May 2002, Riasuddin threw her out of his home when she gave birth to a daughter about five months after the marriage, claiming that the child was not his and Nazia was an adulteress.
But his wife Nazia Beghum claims that she never had physical relations with any man other than Riasuddin, who used to visit her months before their “Nikah” and they had engaged in pre-marital sex several times before being wedded, which could have made her pregnant with his child before marriage.
Answering to Nazia’s claims Riasuddin denies having pre-marital physical relations with Nazia and says that if Nazia was really faithful to him and Umra is really his daughter then it can easily be proved through a DNA test for which, he is ready to pay the expenses. He said that if the DNA test comes positive, he is ready to accept Nazia back with her baby and shall even re-marry her, if required by “Shariyat”.
This issue has set the minds of Islamic scholars & clerics boggling over the “validity” of the Nikah between Riasuddin and Nazia as Islamic law forbids the wedding of a pregnant woman and if Nazia was indeed pregnant when she was married, then her “Nikah” shall be considered void, setting her child in a tricky situation, as even if it is proved that Riasuddin is the father of Umra, the Nikah being void, she shall have no claim on her father’s property.
Talking to The Pioneer, Ashraf Hussein, a local Muslim leader said that “Hadith” (Prophet’s sayings) strictly dictates that a woman who is already carrying a child in her womb, cannot establish marital relations and if she does, the “Nikah” shall be declared null and void. Commenting on the case of Riasuddin and Nazia Beghum, he said that it is yet to be proved that Nazia was pregnant when she married Riasuddin as premature deliveries are not rare. But, he said that if it is proved that the child had been conceived before marriage, the Nikah shall be automatically nullified and the child would have no rights on her “father’s” property even if she’s proved to be Riasuddin’s blood by DNA test.
On the other hand, when The Pioneer talked to the Addl. Superintendent of Police, Etah Ashfaq Ahmed on the issue, he said that if the Muslim clerics declare the Nikah void after it is proved that Nazia’s child is Riasuddin’s daughter, the police shall make sure that the two get re-married and Riasuddin takes Nazia back to his home.
He said that a large number of such cases are coming up before the Etah police in the process of “Project Didi”, a novel initiative taken up by the Dy. Inspector General (DIG) Agra range Alok Prasad, for an amicable, out of the court resolution of long-standing family disputes through counseling by the police.
Citing a similar case where the father has asked for his son to be subjected to a DNA test before he accepts six year old Ashish, living with his mother Sunita since his birth, back to his home, Mr. Ahmed said that Sunita was also thrown out of her home by her husband Ajay Gupta soon after marriage, with Ajay alleging that Ashish, born prematurely, was not his son.
Angered at the humiliation, Sunita took legal recourse to make sure that her son gets his due share in the paternal property, taking up her case for consideration under “Project Didi”. When pressurized by the police to accept Ashish and resolve the dispute out of court, Ajay Gupta stubbornly refused to take the child home, asking Ashish to be subjected to a “DNA” test to prove that he was really his child.
Talking to The Pioneer, Mr. Ahmed said that a magic wand wielded earlier by only the upper class of the society, DNA tests have opened new avenues for the law enforcement agencies to solve family disputes in the lower middle class segments of the populace and the Etah police has now recommended a DNA test in both these cases at the cost of the husbands.
Meanwhile, after long deliberation, a panchayat called by the clerics from nearby mosques and seminaries, attended by both Riasuddin and Nazia besides their relatives, has also declared their “Nikah” as invalid. The clerics have also dictated that even if the two are re-married by the police, the daughter born to Nazia shall still be considered as “Najayaz” and her paternal rights shall remain forfeited.
(UNITED NEWS NETWORK)
ETAH, 4 Nov. Two kids, who have barely initiated on the arduous journey of life, shall now have to pass through a DNA test to prove that the blood flowing in their veins belongs to their fathers.
Riasuddin, a simple farmer of Etah district in Uttar Pradesh, has demanded for a DNA test of his child Umra, before he accepts his wife and child back into his home. Married to Nazia Beghum of Etah on 20th May 2002, Riasuddin threw her out of his home when she gave birth to a daughter about five months after the marriage, claiming that the child was not his and Nazia was an adulteress.
But his wife Nazia Beghum claims that she never had physical relations with any man other than Riasuddin, who used to visit her months before their “Nikah” and they had engaged in pre-marital sex several times before being wedded, which could have made her pregnant with his child before marriage.
Answering to Nazia’s claims Riasuddin denies having pre-marital physical relations with Nazia and says that if Nazia was really faithful to him and Umra is really his daughter then it can easily be proved through a DNA test for which, he is ready to pay the expenses. He said that if the DNA test comes positive, he is ready to accept Nazia back with her baby and shall even re-marry her, if required by “Shariyat”.
This issue has set the minds of Islamic scholars & clerics boggling over the “validity” of the Nikah between Riasuddin and Nazia as Islamic law forbids the wedding of a pregnant woman and if Nazia was indeed pregnant when she was married, then her “Nikah” shall be considered void, setting her child in a tricky situation, as even if it is proved that Riasuddin is the father of Umra, the Nikah being void, she shall have no claim on her father’s property.
Talking to The Pioneer, Ashraf Hussein, a local Muslim leader said that “Hadith” (Prophet’s sayings) strictly dictates that a woman who is already carrying a child in her womb, cannot establish marital relations and if she does, the “Nikah” shall be declared null and void. Commenting on the case of Riasuddin and Nazia Beghum, he said that it is yet to be proved that Nazia was pregnant when she married Riasuddin as premature deliveries are not rare. But, he said that if it is proved that the child had been conceived before marriage, the Nikah shall be automatically nullified and the child would have no rights on her “father’s” property even if she’s proved to be Riasuddin’s blood by DNA test.
On the other hand, when The Pioneer talked to the Addl. Superintendent of Police, Etah Ashfaq Ahmed on the issue, he said that if the Muslim clerics declare the Nikah void after it is proved that Nazia’s child is Riasuddin’s daughter, the police shall make sure that the two get re-married and Riasuddin takes Nazia back to his home.
He said that a large number of such cases are coming up before the Etah police in the process of “Project Didi”, a novel initiative taken up by the Dy. Inspector General (DIG) Agra range Alok Prasad, for an amicable, out of the court resolution of long-standing family disputes through counseling by the police.
Citing a similar case where the father has asked for his son to be subjected to a DNA test before he accepts six year old Ashish, living with his mother Sunita since his birth, back to his home, Mr. Ahmed said that Sunita was also thrown out of her home by her husband Ajay Gupta soon after marriage, with Ajay alleging that Ashish, born prematurely, was not his son.
Angered at the humiliation, Sunita took legal recourse to make sure that her son gets his due share in the paternal property, taking up her case for consideration under “Project Didi”. When pressurized by the police to accept Ashish and resolve the dispute out of court, Ajay Gupta stubbornly refused to take the child home, asking Ashish to be subjected to a “DNA” test to prove that he was really his child.
Talking to The Pioneer, Mr. Ahmed said that a magic wand wielded earlier by only the upper class of the society, DNA tests have opened new avenues for the law enforcement agencies to solve family disputes in the lower middle class segments of the populace and the Etah police has now recommended a DNA test in both these cases at the cost of the husbands.
Meanwhile, after long deliberation, a panchayat called by the clerics from nearby mosques and seminaries, attended by both Riasuddin and Nazia besides their relatives, has also declared their “Nikah” as invalid. The clerics have also dictated that even if the two are re-married by the police, the daughter born to Nazia shall still be considered as “Najayaz” and her paternal rights shall remain forfeited.
(UNITED NEWS NETWORK)
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