The Lahore High Court (LHC) has ruled that the Child Marriage Restraint Act 2026 cannot be applied retrospectively to marriages that took place before the law came into force.
Justice Khalid Ibn Aziz announced the decision while hearing a petition about a young woman who had married by her own choice and was later sent to a shelter home, known as Darul Aman. The court noted that the law took effect on 11 May 2026, while the marriage took place on 18 April 2026.
Court says retrospective application of the law was unlawful
The court held that the new legislation could not govern a marriage contracted before it was enacted. Applying it to declare the woman underage and place her in a shelter home was unlawful, the court said. A law cannot be used to start legal proceedings or impose consequences for acts committed before it was enforced, it observed.
Lower court order set aside and woman freed
Setting aside the lower court’s order, the LHC ruled that the woman was free to go wherever she wished, in line with her own choice.
