IHC declares marriages under 18 'unlawful'

Islamabad High Court also directs to hand over girl, who claimed to have married at free will, to her mother


News Desk March 01, 2022

The Islamabad High Court (IHC) on Tuesday declared any marriages under the age of 18 years as unlawful as it issued directives to hand over a 16-year-old girl to her mother in an early marriage case.

Justice Babar Sattar of the IHC issued the written order on the plea of a woman, Mumtaz Bibi, seeking her daughter's recovery, Express News reported.

The woman had filed a plea with the court in May 2021 regarding the girl's 'abduction', while the latter had submitted with the court about marrying at her own free will.

In its directives, the judge ordered Station House Officer (SHO), Golra area to hand over Sawera Falaksher to her mother from the Darul Aman.

Also read: Sindh lawmaker wants all 18-year-olds married

In the written order, Judge Sattar observed that a girl under the age of 18 can't marry on her own will, while her relatives also can't proceed with an agreement to the same effect.

It further stated that the legal age for puberty is 18 years and that the same could not be decided on the basis of physical changes that emerge at the age.

The judge further directed that the issue of the matter not carrying enough clarity in the Muslim Family Laws Ordinance be placed before the Cabinet Division and parliament.

The judge subsequently asked the authorities to hand over the girl to her mother on the basis of her age.

COMMENTS (2)

Abdur Rasheed | 2 years ago | Reply Age limit for marriage historically was never set by the government. It was up to peoples own discretion. It is the family s right. Setting an age for marriage was idea pushed by the American Progressive Movement in the 19th century. This was an urban middle class movement mainly pushed by women in the Eastern USA. Its their opinion. What right have they to force their opinion on the world
Abdullah Khan | 2 years ago | Reply I fear the judge may have paved way for another honor killing. I don t know what law of the land was quoted by honorable judge sab but handing over girl back to parents in ongoing rise in honor killings wasn t a wsie decision. The girl could have been kept in the Darul Aman till her legal age as per understanding of the judge be reached. Also the girl has right to appeal against the decision. How would she be able to exercise her free will under duress
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