The Islamabad High Court (IHC) has allowed an underage girl to live with her husband but recommended steps to strengthen the legal framework around child marriages to protect minors, it emerged on Wednesday.
“In view of the fact that the alleged detenue has attained puberty and appears to have given free and voluntary consent, she shall be at liberty to reside with the petitioner,” read a verdict issued today by Justice Muhammad Azam Khan for a hearing held on July 11.
According to the order, the birth certificate, which was registered after the marriage, said the girl was aged 15 at the time of solemnisation of her Nikkah on May 30, 2025. However, the Nikahnama “vaguely records her age as “almost 18 years”, and the court was not empowered to “conclusively decide the question of age”.
The girl was presented before the court on July 11, when she “unequivocally affirmed that she had contracted marriage with the petitioner of her own choice and expressed her desire to reside with him, explicitly declining to return to her parents”, the order stated.
“It is noteworthy that even during her stay at the Crisis Centre, Islamabad, she has consistently maintained this position.”
However, given the nature of the case, the court made “certain recommendations in aid of legislative clarity and institutional consistency”.
These included urging the federal government to undertake a legislative review to get rid of “inconsistencies across various statutes qua the determination of age”.
“It is recommended that the federal government adopt a clear statutory stance regarding the marriage contracted involving minors, even if they have attained puberty and show signs of mental maturity. It is necessary to do so in order to protect children of tender age.
“To uphold Constitutional rights and safeguard minors from harm, statutory clarity is urgently needed,” the judgment stressed.
More to follow