LAHORE: The Lahore High Court has ruled that marriage involving a person below the age of 18 is illegal under the Punjab Child Marriage Restraint Act 2026, while directing police to investigate fresh evidence in an alleged child marriage case involving a girl who was around 15 years old at the time of her nikah.
Justice Manwar Iqbal Dogar issued the written judgment on a petition filed by Muhammad Aslam, who sought legal action against the alleged husband of his minor daughter, Hina Aslam.
The court was informed that Hina was approximately 15 years old when her nikah took place. In addition, her father had previously registered a case concerning her alleged abduction but later approached the court after new evidence regarding her underage marriage emerged.
The Lahore High Court set aside the earlier decision of the Justice of Peace, who had rejected the request for registration of a case. The court directed police to examine the fresh evidence and determine whether a punishable offence had been committed under the applicable law.
The court also clarified that the existence of an earlier FIR does not prevent authorities from registering another case if new facts and evidence indicate that a separate cognizable offence may have occurred.
Police have been directed to proceed strictly in accordance with the law and take action against those found responsible following the investigation.
The court ordered that Hina Aslam be placed under the care of the Child Protection and Welfare Bureau. Relevant authorities were instructed to take immediate steps to ensure her safety, welfare and best interests.
The ruling emphasized that child protection must remain a central consideration throughout the proceedings.
Court Emphasises Child’s Protection and Welfare
The Lahore High Court observed that a child’s wishes are important, but given the child’s young age, those wishes cannot automatically be considered decisive in matters concerning marriage.
The court stressed that legislation against child marriage is intended to safeguard children’s rights, safety and welfare.
The ruling comes after the enactment of the Punjab Child Marriage Restraint Act 2026, which prohibits marriage involving anyone below the age of 18 in the province.
The decision is expected to reinforce the implementation of the new legal framework and provide further guidance to police and other institutions dealing with cases involving underage marriage.
The court directed the relevant authorities to take all necessary measures for the immediate protection of the minor and to ensure that her best interests remain the priority during the legal process.
