The Superior Court of Islamabad (IHC) has allowed a minor girl to live with her husband, but recommended steps to strengthen the legal framework around children’s marriages to protect minors, arose on Wednesday.
According to the United Nations International Emergency Fund (UNICEF), Pakistan houses more than 19 million children’s brides, with almost 1 in 6 young women married before the age of 18 and up to 4.8 million girls married before the age of 15.
“In view of the fact that the alleged detention has reached puberty and seems to have given its free and voluntary consent, she will have the freedom to reside with the petitioner,” said a verdict issued by Judge Muhammad Azam Khan for an hearing held on July 11.
The verdict was issued by a statement presented by Muhammad Riaz, challenging an order of June 23 by a district judge of Islamabad-East who denied the recovery of the girl after the family members allegedly “for force” took her from the house of man on June 21.
According to the order, the birth certificate, which was recorded after marriage, said that the girl was 15 years old at the time of the solemnization of her Nikkah on May 30, 2025. However, the Nikahnama “vaguely records his age as” almost 18 years “, and the court pointed out that he was not empowered to” decide to conclude the age issue. “
The girl was presented to the Court on July 11, when “he unequivocally said that he had contracted marriage to the petitioner of her own election and expressed her desire to reside with him, explicitly reducing her parents to return to her parents,” the order said.
“It is noteworthy that even during her stay at the crisis center, Islamabad, she has constantly maintained this position.”
The petitioner’s lawyer, the defender of Shumila Rafique Awan, cited the previous orders of the 1970 and 2021 Supreme Court to “affirm that the contracted marriage is valid under the ordinance of the laws of the Muslim family, 1961 (” Mflo, 1961 “), therefore, the petitioner has the right to recover his wife and protect his legal union.”
Legal clarity necessary urgently to “safeguard minors”
Despite the constitutional protections, the disparities in the legal age of marriage persist in the provinces, with only Sindh and the capital of Islamabad that impose 18 as the minimum age for girls, a gap that continues to expose millions to early pregnancies, domestic violence and educational exclusion.
However, given the nature of the case, the Court made “certain recommendations in aid of legislative clarity and institutional consistency.”
These included the Federal Government to undertake a legislative review to get rid of the “inconsistencies between several recipients the determination of age.”
“It is recommended that the federal government adopt a clear legal position regarding the marriage contracted that involves minors, even if they have reached puberty and show signs of mental maturity. It is necessary to do so to protect children from the bidding age.
“To defend constitutional rights and safeguard minors, legal clarity is urgently needed,” the sentence emphasized.
More to follow
