513/2024 Criminal Miscelleneous Sabhago (Applicant) V/S SSP Sanghar & others (Respondent)

Sindh High Court2024

Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)

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513/2024 Criminal Miscelleneous Sabhago (Applicant) V/S SSP Sanghar & others (Respondent) Sindh High Court Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Order Date: 26-SEP-24 So far as the question raised by the learned counsel for the application that under The Sindh Child Marriage Restraint Act 2014, the purported marriage of Ms. Asha with Naseer Ahmed is illegal on the plea that she has not attained the age of 18 years, suffice it to say that the Dissolution of Muslim Marriages Act 1939 recognizes such age as sixteen years (which earlier was 15 years but was substituted as sixteen years by the Muslim Family Laws Ordinance, 1961 (VIII of 1961), which finds a place as Section 13 of the Muslim Family Law Ordinance, 1961 and 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)
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