Woman’s plea against daughter’s marriage rejected

Lahore High Court’s Justice Tariq Saleem Sheikh has allowed a girl to go with her husband whom she had married of her free will.

The girl's mother had raised the issue of the need for father’s consent for a minor girl’s marriage under the Christian Marriage Act (CMA).

The petitioner, Nasreen Bibi, contended that the respondent had forcibly married her 13-year-old daughter without following the mandatory procedure prescribed by the act. She stated that her daughter was a minor but her father’s consent had not been obtained as required under Section 19 of the act. She alleged that her daughter had been kept in illegal custody.

During the detailed arguments, the additional advocate general opposed the petition, contending that it was a case of runaway marriage.

The petitioner had lodged an FIR at the Narowal Saddar police station under Section 365B of the PPC against the husband and others regarding a minor girl’s abduction, the police recommended its cancellation after an investigation.

The respondent’s counsel questioned the authenticity of the girl’s birth certificate presented by the petitioner.

The counsel implored the court that the girl had contracted marriage with his client of her free will and volition according to the Christian rites.

He said the girl had also given her statement under Section 164 of the CrPC before the area magistrate to refute the allegation of abduction.

Published in The Express Tribune, September 29^th, 2022.