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Sunday, December 22, 2024  
19 Jumada Al-Akhirah 1446  

IHC declares marriage under 18 illegal

The court observes that a girl under the age of 18 can't marry on her own will
File photo
File photo

ISLAMABAD: The Islamabad High Court (IHC) on Tuesday barred children below the age of 18 to marry.

The IHC bench headed by Justice Babar Sattar issued a detailed verdict regarding the underage marriage bill and ruled that children below the age of 18-year-old could not be married.

In its written verdict, the court 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.

In the detailed verdict, it is stated that any marriage that involves a child below the age of 18 will be prohibited and even if a child has become a witness to a marriage ceremony then his witness will be declared null and void. The court, however, did not rule on the age of puberty.

Earlier in May 2021, Mumtaz Bibi had filed a plea with IHC seeking her daughter's recovery.

The plea had been filed with the court regarding the girl's 'abduction', while the girl had submitted with the court about marrying at her own free will.

The court subsequently ordered the authorities to hand over the girl to her mother on the basis of her age.

The Senate passed, in April 2019, had passed a bill with a majority vote to amend the child marriage restraint act 1929.

According to the amendment, marriage under 18 years can lead to a fine of Rs200,000 and three years of strict punishment for facilitators.

The Senate Standing Committee for Human Rights had approved the Child Marriage Restraint (Amendment) Bill 2018 on Jan 30.

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IHC

Islamabad High Court