THATTA: The Model Criminal Trial Court of Thatta has declared void the marriage of a 16-year-old Hindu girl, ruling that a minor’s purported consent cannot override statutory prohibitions under the Sindh Child Marriage Restraint Act, 2013.
The court ordered that the girl be shifted to a government-run shelter home for protective custody.
The order was passed by First Additional Sessions Judge Muhammad Islamul Haq Arain the other day on a habeas corpus application filed by Kanwar Bagri, a peasant worker. The petitioner submitted that his daughter, Sonia, was abducted on Feb 9, and forcibly converted to Islam and married to one Iqbal alias Dalan Panhwar through the allegedly forged documents that misstated her age.
During the proceedings, the counsel for the petitioner, Advocate Rafique Ahmed Palijo, produced her birth certificate issued in 2016, showing the girl’s age as 16 years and 10 months. He contended that the conversion certificate (Sanad-i-Islam) and nikahnama falsely recorded her age as 19 years in an attempt to circumvent the provincial child marriage laws.
On the other hand, the counsel representing the girl — identified in court documents as Jannat — maintained that she had embraced Islam and contracted the marriage of her own free will.
However, when examined by the court, the girl reportedly stated that she could not properly recite the Kalma-i-Shahadat but insisted that she had solemnised the marriage voluntarily. She also requested security and transportation from the court.
In his written order, Judge Arain observed that the girl’s inability to demonstrate basic knowledge of the faith raised doubts about the voluntariness of her conversion. More significantly, the court underscored that under Sections 2(a) and 3 of the Sindh Child Marriage Restraint Act, 2013, any marriage involving a person under the age of 18 constitutes a punishable offence.
The court held that it could not legitimise a union expressly prohibited by special legislation. It also noted that the nikahnama did not comply with the Sindh Child Marriage Restraint Rules, 2016, which require verification of age through a Computerised National Identity Card (CNIC) or a medical age assessment report. Neither document had been furnished by the respondents.
Although the girl declined to return to her parents during the hearing, the court ruled that, as a minor, she could not be permitted to reside with the alleged abductor.
It directed the SHO of Gharo to ensure her safe transfer to Darul Aman, Hyderabad, and instructed the incharge of the shelter home to prevent any unauthorised access to her.
The judgment also ordered criminal proceedings against the three nominated accused — Iqbal alias Dalan Panhwar, Mir Muhammad and Mumtaz Panhwar — under relevant provisions.
Published in Dawn, February 20th, 2026.
