IHC Judgement on Child Marriage Case

Writ Petition No. 4227 OF 2021 Mst. Mumtaz Bibi Vs Qasim and others
1 min read

Honourable Justice BABAR SATTAR of the The Islamabad High Court Issuing a written order on the plea of a woman seeking recovery of her 16-year-old daughter who had filed an affidavit to say she had tied the knot of her own free will. The  Islamabad High Court (IHC) declared the marriage of anyone under 18 years of age as being unlawful.

A child is defined as a person who has not attained the age of 18 years. A child is required to be placed in somebody’s care whether it is a parent or guardian or other caregiver appointed on behalf of the state.

A female child below the age of 18 cannot be deemed competent to freely grant her consent to enter into a marriage contract merely because she manifests the physical symptoms of having attained puberty.

A marriage contract in which one of the parties is a child under the age of 18 is therefore a contract executed for an unlawful purpose and having no legal effect. Such marriage contract cannot be registered under the Muslim Family Laws Ordinance, 1961.

No one can engage in sexual conduct in any form with a child and neither can any person invite or entice a child to engage in sexual conduct in any form, and any invitation or enticement provided to a child to engage in sexual conduct, even under the cloak of marriage, would fall within the definition of sexual abuse in terms of section 377A.

Read the Islamabad High Court Full Judgement on Writ Petition No.  4227 OF 2021: Mst. Mumtaz Bibi Vs Qasim and others 

Announced in the open Court on 09.02.2022

Previous Story

Child marriage and religion

Next Story

Reported Cases of Child Sexual Abuse in 2022

Latest from Blog

Govt Asked to Set Up Higher Secondary School for Girls

LAKKI MARWAT: Elders of Mela Mandrakhel have expressed their deep concern over the lack of higher secondary level education facilities and urged the provincial government to set up a higher secondary school for girls in the area. Talking to journalists here on Saturday, they said that the rural locality lacked…

Police Fail to Arrest DGK School Owner

DERA GHAZI KHAN: Police have failed to arrest the owner of the private school whose roof caved in, resulting in the death of four schoolchildren and injuries to 20 others, including 16 children. Regional Police Officer (RPO) Muhammad Azhar Akram had issued orders to the district police officer to ensure…

Karachi Remains High-risk Polio Zone Despite Efforts, Say Health Experts

KARACHI: Describing misinformation and rumours as the biggest challenge in the fight for polio eradication, experts on Friday said that Karachi remained a high-risk zone due to persistent virus circulation and population movement. They were speaking at a media briefing on the upcoming Polio Booster Dose Campaign organised at the…

School Tragedy: Children’s Parents Want to Register Their Own Case

DERA GHAZI KHAN: The parents of the deceased minor students have demanded that the case be registered based on their own complaint, not on the one filed by a government official of the municipal corporation. They believe that registering the case on the complaint of a municipal official is an…

Man Held for Raping Three Minor Daughters

BAHAWALPUR: Fateh Shah police in Vehari district arrested a man on charge of raping his three minor daughters at Chak 41/KB, Burewala, on May 8. District Police PRO Adnan Tariq told Dawn by cell phone that the suspect was arrested after registration of an FIR on the complaint of his…
Go toTop

Don't Miss

Child Marriage Restraint Act, 1929 and Jinnah

The Child Marriage Restraint Act 1929 was drafted by Quaid-i-Azam-

Child marriage and religion

Enactment and enforcement of legislation against child marriage has repeatedly