“I run off from home in a rented-car with my step son, it was around 12:30 pm, he brought me (to Kabul), my step son had killed another wife of my husband. We are at five (pm) in Kabul. My dad and mom were expecting me in Kampani (district). My husband committed the tyranny of nine worlds on me, when I was ill (or giving birth) he even didn’t get me a tablet. he made me run away” Those are Shamilla’s words. Shamilla is 19, she is imprisoned in Kabul jail with her a year and half year old child. According to shamilla, under Taliban when she was only 12, in exchange for his brother life she was married to a 42 years old Taliban. She continues “my husband is influential, he is rich, I have nothing other than God. He took our dossier down to Kandahar (from Kabul), the verdict was in his favor, he informed Kabul and they put me in jail, while he is enjoying his freedom. After he relocated the dossier to kandahar, where he has connections, I refused to go, then they put me in prison”
Shamilla’s family are from Kabul, when Taliban captured Kabul her brother was took in custody for having weapons, the family bought some guns for Taliban in exchange for the release of the brother, but Taliban wanted Shamilla “my husband was a Taliban, their check point was across our house, he was eyeing me when I was leaving the house and eventually he jailed my brother. My brother still suffers feet injuries. Taliban accused him of being a commander. When the elders delivered the rifles, they asked for me.
My husband took me to Kandahar where I lived for seven years, I haven’t been to Kabul in five years, my weak dad came to kandahar with my aunt and humbly demanded my husband to allow me to go to Kabul for ten days, but he didn’t he told them: ‘imagine Shamilla is dead’. ”
Prosecutors and the relevant courts are not keen to reveal much of her story. Disregarding the accuracy of all what Shamilla says, the question is whether Shamilla’s relationship with her husband and the response of justice is fair. Since Shamilla is living in kandahar her case should be handled in Kandahar. Imprisoning Shamilla in Kabul is unlawful, the prosecutor office believes if shamilla goes to kandahar her life would be in danger and her husband might kill her; in which case the husband should be serving in jail instead of Shamilla, on charges of intention to murder and wives abuse. Shamila said “I can’t tell you what my husband has done to me. He did lots of bad things, which made me run away and I asked for justice, I asked for divorce, and it’s been eight months since my petition.
My husband took the dossier to Kandahar and I was told to go for adjudge, but I won’t go there, even if they kill me here”
Shamilla was twelve when she was married that is four years under the age of marriage fixed in constitution. Shamilla marries a 42 year old man who is from Kandahar under Taliban, who doesn’t have family connection with Shamilla, obviously, in such kind of marriage some force and oblige has been used. Shamilla was considered a child according the constitution; shamilla is 19 and as an adult she has the right to change what happened to her as a child.
Shamilla says a bit more about her husband “my husband had another wife, one year before me he killed her, he did horrible things to her and she suffered a heart attack. He is over 50, and I have two kids, he has 15 kids from other wives, 11 of which have died. I didn’t live with his other wives. Sometimes he was feeding me. Often he was telling me stories of being with other women”
Supreme Court prejudged another similar dossier sometime ago, a 16 year old woman was married at the age of 13 and she wanted divorce, but supreme court denied her request and adjured she should return to her husband.
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