4971/2024 Const. P. Mst. Sara & Another (Petitioner) V/S Province of Sindh & Others (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Salahuddin Panhwar(Author), Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 29-OCT-24
We are not in agreement with him on the premise that the Dissolution of Muslim Marriages Act of 1939 recognizes the age of 16 as the legal age for marriage. Section 13 of the Muslim Family Law Ordinance, 1961 reads as under:- (13. Amendment of the dissolution of Muslim Marriage Act, 1939 (VIII of 1939).In the Dissolution of Muslim Marriage Act, 1939 (VIII of 1939) in section 2:- 1. After clause (ii) the following new clause (ii-a) shall be inserted, namely:- ???(ii-a) that the husband has taken any additional wife??? (b) In clause (vii), for the word ???fifteen??? the word ???sixteen??? shall be substituted). 8. According to Mulla's Principles of Muhammadan Law, a marriage of a minor performed by her father or grandfather is valid unless she repudiates it before 18. Even a marriage arranged by other guardians is valid unless the minor repudiates it on attaining puberty. At this juncture, it would be significant to refer to the case of Mauj Ali v. Syed Safder Hussain (1970 SCMR 437), wherein the Child Marriage Restraint Act 1929 was an issue while deciding such controversy by the Supreme Court. 9. The competent court of law is required to see the validity of the marriage carefully, considering the family's honor. If the information is found to be false, the family should not be unnecessarily harmed. However, as petitioner No.1 has made a statement before the court, no further action is required against the couple, and they should be protected, for the simple reason that adults have the right to marry whomever they choose, regardless of caste or religion. Parents may disapprove but cannot resort to threats or violence. Police authorities must protect such couples and prosecute those who harass or threaten them. However, this does not affect the legal rights of the couple or any underage issue before the court, if any, is pending. 10. The police official present in court must submit a summary report to the magistrate, who will decide the case based on the petitioner's statement. The police should protect the couple if they seek help. No further action should be taken against the couple, and their family should not harass them. 11. In view of the statement of the parties, the private respondents are directed to furnish an indemnity bond of Rs.500,000/- each before the Nazir of this Court for the aforesaid purpose 12. In view of the above, this Constitutional Petition is disposed ofFull judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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