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IHC Lets 15-Year-Old Live With Husband, Calls for Child-Marriage Reforms

The ruling underscores a legal paradox that treats under‑18 unions as criminal acts without voiding them.

Overview

  • The court held that a post‑puberty marriage can be valid under Shariah even as the Islamabad Child Marriage Restraint Act 2025 criminalises under‑18 unions by penalising facilitators.
  • The girl, identified as Madiha Bibi, told the court she married of her own choice and the judge allowed her to reside with her husband.
  • The court noted conflicting records on age, with NADRA data showing 15 years and the Nikah Nama recording her as almost 18, and it did not conclusively decide the question of age.
  • Justice Muhammad Azam Khan directed Guardian and Family Courts to obtain Child Protection Officer welfare assessments before deciding custody, care or marital status of minors.
  • The judgment urged harmonising conflicting statutes, ordered strict limits on Nikah Registrars and age verification through NADRA, called for public awareness efforts, and circulated the decision to relevant ministries and courts.