The Lahore High Court has declared that marriages involving individuals under the age of 18 are illegal under the Punjab Child Marriage Restraint Act 2026. The court directed police to investigate new evidence related to the alleged marriage of a girl who was approximately 15 years old at the time of her nikah.
In a significant development, the court overturned a previous decision by a Justice of Peace that had dismissed a request to register a case concerning the alleged child marriage. Authorities were instructed to proceed with the investigation the law.
The case involves Hina Aslam, whose age was revealed during court proceedings to have been around 15 when she was married. The court emphasized the need to examine the fresh evidence to determine if a punishable offense had occurred. It also clarified that a new first information report (FIR) could be filed despite an earlier kidnapping case lodged by the girl’s father.
Furthermore, the court ordered that Hina be placed under the care of the Child Protection and Welfare Bureau. It called on relevant authorities to take immediate action to safeguard her safety, welfare, and best interests.
The court noted that while the wishes of a child are important, they cannot be considered conclusive due to the child’s young age. It highlighted that the legislation against child marriage aims to protect children’s rights and ensure their well-being.
Authorities, including the police and child welfare institutions, were directed to implement all necessary measures to provide Hina with prompt protection, prioritizing her welfare above all else.
This ruling follows the enactment of the Punjab Child Marriage Restraint Act 2026, which prohibits marriage involving anyone under 18 within the province.
