LAHORE: The Lahore High Court has declared the marriage of a 15-year-old girl illegal and ordered that she be placed in the custody of the Child Protection Bureau.
The order was issued by Justice Manwar Iqbal Dogar while hearing a petition filed by a citizen, Muhammad Aslam.
The petitioner had challenged an earlier order of a Justice of the Peace, arguing that his daughter, identified as Hina Aslam, was only 15 years old and had allegedly been forced into marriage. He had requested the court to direct police to register a criminal case against the boy involved in the marriage.
Court Declares Marriage Illegal
After hearing the case, the Lahore High Court accepted the petition and declared Hina Aslam’s marriage illegal.
The court also directed police to investigate a request for registration of a new First Information Report (FIR) in connection with the marriage.
The high court further set aside the earlier decision of the Justice of the Peace, which had rejected the request for registration of a criminal case.
The directions mean that the allegations surrounding the marriage will now be examined through a fresh police investigation.
Girl Handed Over, the court observed that while the wishes of children are important, the opinion of a minor cannot automatically be treated as decisive because to Child Protection Bureau
The court ordered that the minor girl be handed over to the Child Protection Bureau, placing her protection and welfare at the centre of the proceedings.
The decision reflects the court’s concern over the legal and protective framework surrounding marriages involving minors.
During the proceedings, the court observed that while the wishes of children are important, the opinion of a minor cannot automatically be treated as decisive because of the child’s young age.
The court emphasized that laws against child marriage are intended to safeguard the rights, welfare and protection of children.
Focus on Child Protection
The ruling highlights the legal distinction between a child expressing a preference and possessing the maturity required to make an independent and legally meaningful decision about marriage.
The court noted that the purpose of legislation against child marriage is not simply to regulate marriage but also to protect minors from circumstances that may expose them to harm, coercion or exploitation.
By directing that the girl be placed under the care of the Child Protection Bureau, the court has prioritized her safety while the relevant authorities investigate the allegations.
The police have also been instructed to investigate the circumstances surrounding the alleged forced marriage and the request for registration of a fresh FIR.
The case is significant because it reinforces the principle that the protection of minors takes precedence when allegations of child marriage or forced marriage arise.
The Lahore High Court’s decision also sends a clear message that legal protections for children must be enforced and that allegations involving underage marriages require proper investigation by the relevant authorities.
The court has consequently nullified the earlier refusal to register a case, ordered a fresh investigation and directed that the 15-year-old girl be placed with the Child Protection Bureau for her protection.
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