A girl under the age of 18 cannot marry freely, according to a historic decision of the Salamabad High Court.
September 21, 2022
PLD 2022 ISLAMABAD 228
Justice Babar Sattar wrote in the verdict that a girl under the age of 18 years cannot marry independently, biologically the age of puberty is to be 18 years.
The court ruled that there is no legal puberty before the age of 18 on mere physical changes, the legal age of puberty is 18 years, the marriage of a girl younger than this will be illegal.
The verdict said that the heirs of a girl under the age of 18 years cannot enter into an agreement with a physical relationship.
The court ruled on Mumtaz Bibi’s petition for the recovery of her daughter and ordered the return of 16-year-old Sweera Falak Sher to her mother.
The court also ordered SHO Golra to return the girl from Darul Aman to her mother.
The court directed to place before the Cabinet Division and Parliament the issue of lack of clarity in the Muslim Family Laws Ordinance.
Mumtaz Bibi had filed a case of kidnapping of her daughter since May 2021, the girl had given a statement in the High Court that she would marry willingly.
- Can a Minor execute a valid contract of marriage and can a marriage between an adult and a child, even if with the consent of the child, be deemed to be a valid marriage?
- What is the age of majority in Pakistan, and does a Minor have the legal competence to enter into a contract of marriage before attaining the age of majority?
- Can the consideration and purpose of contract of marriage be regarded as lawful in view of section 23 of the Contract Act, 1872, read together with sections 375 and 377A of Pakistan Penal Code, 1860?
- Can a contract of marriage, involving an object and purpose that is proscribed, be treated as a valid contract while simultaneously creating criminal liability for the male for carrying out acts conceived by such contract?
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A. A child is defined as a person who has not attained
