IHC declares marriages under 18 'unlawful'

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.