Pakistani court allows 15-year-old to live with husband as judge calls for reforms

A Pakistani court has allowed a 15-year-old girl to live with her husband, while ruling that the country's child-marriage law criminalizes the solemnization of underage marriages but does not automatically render them void.

The Islamabad High Court (IHC), in its detailed judgment, stressed the need for sweeping child-protection safeguards and urged the government to reform contradictory laws that govern the minimum age of marriage.

The case revolved around a marriage registered on May 30, 2025. The certificate recorded the girl as “almost 18,” but a subsequent birth certificate showed she was born in 2009, making her about 15.

Her husband petitioned the court, claiming her family had taken her away soon after the marriage. When produced before the bench, the girl consistently stated she had married of her own free will and wanted to live with her husband.

The court observed that she had reached puberty, had given voluntary consent, and was unwilling to return to her parents.

Legal contradictions exposed

In a 24-page ruling authored by Justice Azam Khan, the IHC highlighted inconsistencies between two recent statutes. The Islamabad Child Marriage Restraint Act, 2025, defines a child as a male under 18 and a female under 16, while the Prohibition of Child Marriage Act, 2024, raises the minimum marriageable age for girls to 18.

The judgment noted that although the latter law imposes criminal penalties for arranging or solemnizing child marriages, it does not explicitly declare such marriages void.

The court clarified that unless the legislature expressly provides nullity, marriages may still be recognized under Islamic law if puberty and consent are established - even though those facilitating the union may face prosecution.

Child welfare as priority

Placing child welfare at the heart of its decision, the court ruled that in every case involving disputed age or possible child marriage, a child protection officer must be appointed. These officers will be tasked with preparing welfare assessments, recommending care plans, and submitting reports before any custody or residence order is made.

The court further directed family courts to adopt a “child-centered, trauma-informed” approach, ensuring decisions are aligned with constitutional protections and Pakistan’s obligations under the UN Convention on the Rights of the Child.

Govt ordered to reform laws

The ruling issued far-reaching directives to federal and provincial governments, calling for:

– Harmonization of conflicting age definitions and clarity on whether underage marriages are valid or void.
– Mandatory NADRA verification of dates of birth before any marriage registration.
– Regulation, training, and monitoring of nikah registrars, with penalties for those who solemnize child marriages.
– Integration of birth-registration checks into the marriage registration process.
– Nationwide awareness campaigns to educate the public on the health and social harms of child marriage.

Limited recognition, liability possible

While the ruling permitted the girl to live with her husband, it stressed that adults who arranged or solemnized the marriage could still face criminal liability under the Prohibition of Child Marriage Act, 2024.

The court also observed that declaring such marriages void without legislative backing could cause complications in matters of custody, inheritance, and the status of children born from such unions.

To ensure enforcement, the court ordered copies of the judgment to be sent to the Ministry of Law and Justice, Ministry of Interior, Ministry of Human Rights, NADRA, the Council of Islamic Ideology, provincial governments and child-protection agencies for immediate compliance.