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 to Replace Textbooks in Schools to Suit Newly-introduced Semester System

PESHAWAR: The Khyber Pakhtunkhwa Textbook Board plans to change the textbooks for each grade in line with the semester system recently introduced in public and private schools. “The decision to change the course books of each grade has been taken after the implementation of semester system in schools by elementary…

Teenager Killed 19 Days Ago Laid to Rest as Family Ends Sit-in

KARACHI: Nineteen days after he was shot dead during a house robbery in Manghopir, family and relatives of 17-year-old Rosham Hussain ended their protest sit-in outside the Manghopir police station and buried their loved one in a local graveyard on Sep 27. His funeral prayer was offered at a ground near…

Where we Fail in Education

In my classroom, I encounter students who are more concerned with securing marks than acquiring knowledge. Some have learned to memorise answers, while others believe grades could be secured through influence or money. Parents, too, often measure educational success by examination scores and admission to prestigious university programmes. The result…

APTA Seeks Early Regularisation of Primary Teachers

PESHAWAR: All Primary Teachers Association (APTA) Khyber Pakhtunkhwa president Azizullah Khan has urged the provincial government to complete the regularisation of 14,000 teachers at the earliest and implement its decision to upgrade primary school teachers. Talking to reporters here on Friday, he said a separate directorate for primary education was…

Reducing the burden

PAKISTAN’S students do not need voluminous textbooks especially in the early stages; they need better learning. The Punjab government’s decision to revise the curriculum from pre-primary to Grade 5, reduce textbook volume by 25pc, and shift students away from rote learning is therefore a welcome step. The current education system…
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