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

Call to Declare Health Emergency in Karachi, Hyderabad amid Dengue Surge

PMA alleges lack of political will to ensure sanitation, waste management and fumigation turned cities into breeding sites of mosquitoes • Over 400 patients currently under treatment in public and private hospitals: health dept • Officials say over 11,700 cases reported from Sindh this year KARACHI: As the dengue fever…

Minor Girl Dies of Rabies Despite Timely Treatment in Shangla

SHANGLA: A minor girl lost her life after a stray dog bit her in the Makhozi area of Puran tehsil of Shangla. The nine-year-old girl’s death due to a stray dog bite has raised questions over the effectiveness of anti-rabies vaccines. According to locals, the incident occurred in the Makhuzi…

Man Gets Life Term in Rape Case

BAHAWALNAGAR: A sessions court in Fort Abbas sentenced a man to life imprisonment on Saturday for raping a minor boy. Additional Sessions Judge Shahbaz Ahmad convicted Shehzad Ahmad of Khichiwala, who appeared on bail, of committing the offence under section 376-III (rape of a minor or a person with a…

Suspect Arrested after Boy Killed in Aerial Firing

KARACHI: Police on November 8 claimed to have arrested a man for allegedly killing an eight-year-old boy in an incident of aerial firing near Gujjar Nala on the night of November 7. According to Gulberg police, a bullet fired from an unknown direction pierced the main door of a house…

‘HIV-infected Blood’ Transfused to Child, Adult Patients

ISLAMABAD: A child and an adult were reportedly exposed to HIV last month here after infected blood and components were issued by the blood bank of Pakistan Institute of Medical Sciences (PIMS) due to alleged negligence and procedural failures. In the first case, two components of HIV positive blood, fresh…
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