LHC declares marriage under 18 illegal in Punjab

The Lahore High Court has declared that marriage involving a person below the age of 18 is illegal under the Punjab Child Marriage Restraint Act, 2026, while ordering police to investigate allegations concerning the marriage of a minor girl.

Justice Manwar Iqbal Dogar passed the order on a petition filed by citizen Muhammad Aslam, who had approached the High Court seeking registration of a criminal case against the man who allegedly married his minor daughter, Hina Aslam.

During the proceedings, it came to light that Hina Aslam was approximately 15 years old at the time of her nikah. The petitioner sought registration of a fresh FIR against the man who had allegedly contracted marriage with his underage daughter.

The court set aside the decision of the Justice of Peace, who had earlier dismissed the application seeking registration of the case, and directed the police to conduct an investigation in light of the new evidence regarding the minor’s age and marriage.

The High Court directed the police to proceed strictly in accordance with law and determine whether the facts disclosed the commission of a punishable offence under the applicable child-marriage legislation.

The court observed that the Punjab Child Marriage Restraint Act, 2026 makes marriage involving a person below the age of 18 unlawful. The purpose of legislation against child marriage is to safeguard children’s rights, protection, welfare and best interests, it added.

The court further directed that Hina Aslam be handed over to the Child Protection and Welfare Bureau and ordered the relevant authorities to take immediate measures for her protection, safety and welfare.

The court observed that while the wishes of a child are important, a minor’s consent cannot automatically be treated as decisive because of her young age and inability to make an informed and legally effective decision concerning marriage.

The High Court also observed that the fact that the petitioner’s daughter had previously been reported as abducted did not prevent the registration of another FIR if fresh facts and evidence disclosed a separate or cognizable offence.

The court ordered the police to investigate the new allegations and take action in accordance with law after determining whether an offence punishable under the child-marriage law had been committed.

The court also directed the relevant institutions to ensure that the minor girl receives immediate protection and that her safety, welfare and best interests remain the foremost consideration throughout the proceedings.

Assistant Advocate General Anwar Hussain appeared on behalf of the Punjab government.

The petitioner had earlier approached the court after the police allegedly failed to register a case against the man who married his underage daughter. The High Court has now ordered a fresh investigation in view of the material placed before it concerning the girl’s age at the time of nikah.