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

CM Takes Notice Of Two Children’s Kidnapping in Garden West

Police have registered a case and started a search after the abduction of two children in the Garden West area. Five-year-old Aalian and six-year-old Ali went missing from Garden West on 14-January-2025 while playing outside their homes. Their parents have registered a case at the Garden police station. The FIR…

Police Find No Clues To Whereabouts Of Boy Missing Since Jan 7

Police remain clueless about the whereabouts of a seven-year-old boy, Sarim, who has been missing since January 7. Despite investigations into his disappearance, there has been no significant breakthrough in locating him. However, there have been developments in the case as the boy’s mother received a ransom demand via WhatsApp…

Three Minors Raped In As Many Incidents in Lodhran

BAHAWALPUR: Three minor boys, one of them mentally-challenged, were allegedly raped by as many suspects, including a prayer leader and an 11-year-old boy, in separate incidents in the limits of different police stations in Lodhran district during the past 24 hours. According to police, in the first incident, a prayer…

Police Launch Units To Investigate Sexual Crimes Under Anti-Rape Act

LAHORE: The Punjab police investigation department is all set to field 1,450 specially trained officers to run the Special Sexual Offences Investigation Units (SSOIUs) across the province in alignment with the Anti-Rape (Investigation and Trial) Act. These dedicated units were established in Punjab under section 9 of the Anti-Rape (Investigation…

Pakistan Confirms 71st Polio Case Of 2024 in Jacobabad

ISLAMABAD: The Regional Reference Laboratory for Polio Eradication at the National Institute of Health (NIH) has confirmed Pakistan’s 71st case of wild poliovirus type 1 (WPV1) for 2024. The case involves a 58-month-old boy from Jacobabad, Sindh, with symptoms reported on December 27, 2024. This marks the fifth polio case…
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