Flaws in laws: Islamabad High Court allows child bride to stay with husband

Despite the legal prohibition on underage marriages, the Islamabad High Court has allowed a 15-year-old girl to live with her husband, reported 24NewsHD TV channel on Wednesday.

According to the court judgement, child marriage is not invalid under Sharia, though it remains a punishable offence under the law. In the marriage certificate, the girl’s age was recorded as approximately 18, but official records from NADRA confirm that she is only 15 years old.

The court stated that the girl expressed her wish not to return to her parents but instead to live with her husband. In its decision, the court issued recommendations and directed copies of the judgement to be sent to the relevant ministries and family court judges.

It further suggested that harmony be created between marriage, juvenile, and criminal laws, and that marriage registrars must be bound not to solemnise marriages under the age of 18.

The court also recommended that NADRA’s system be improved so that no marriage certificate can be issued without age verification. It urged that public awareness campaigns be launched to prevent the harmful consequences of child marriages.

Additionally, the ruling called for a copy of the decision to be sent to the Law and Justice Commission of Pakistan, the Ministry of Law, the Ministry of Human Rights, the Ministry of Interior, the Chief Commissioner of Islamabad, the Director General of NADRA, and the Secretary of the Council of Islamic Ideology.

In its remarks, the court observed that although under Sharia, a marriage is valid with puberty and consent, the Child Marriage Restraint Act 2025 clearly defines marriage under 18 years of age as a crime.

The judgement also referenced the Child Marriage Restraint Act 1929 and the Muslim Family Laws Ordinance 1961.

Reporter: Ehtisham Kiyani