IHC bars arrange, free will marriage of children below 18
Islamabad: The Islamabad High Court (IHC) this week barred marriage of children below the age of 18, even if it is a free will marriage, as it addressed ambiguity in the Muslim Family Laws Ordinance.
The IHC bench headed by Justice Babar Sattar issued a detailed verdict on the petition of Mumtaz Bibi who had sought recovery of her daughter from Darul Aman.
The case against the kidnapping of the child was registered in the Golra police station of Islamabad in May 2021.
The court directed Golra police SHO to handover 16-year-old Saweera Falak Shabbir to her mother from Darul Aman. The teenage girl had earlier confessed before the court of solemnising free will marriage.
The court ruled that children below the age of 18-year could not be married. It also said that a girl below the given age cannot even solemnise a free will marriage.
The court said that physical changes do not attribute to attainment of puberty. The court also directed to send the matter of ambiguity on marriage age in the Muslim Family Laws Ordinance before the cabinet division and parliament.
