LHC declares marriage below 18 illegal under Punjab child marriage law

The petitioner said a case concerning his daughter’s alleged abduction had already been registered, but argued that fresh evidence of her underage marriage warranted further legal action against those involved.

The high court set aside the decision of the Justice of Peace rejecting the request for registration of a case and directed police to investigate the new evidence in accordance with the law. The court ordered that the investigation determine whether a punishable offence had been committed and, if so, proceed against the responsible persons in accordance with the law.

The court also ordered that Hina Aslam be placed in the care of the Child Protection and Welfare Bureau, directing the relevant authorities to prioritize her safety, welfare and best interests. The judgment observed that a child’s wishes are important, but due to the child’s young age, those wishes cannot automatically be treated as decisive.

The court emphasized that laws against child marriage are primarily intended to protect children’s rights, safety and welfare. The high court further directed the concerned institutions to take all necessary measures to provide Hina with immediate protection.

The judgment clarified that although the petitioner had already lodged an FIR regarding his daughter’s alleged abduction, a fresh FIR can also be registered if new evidence concerning an underage marriage comes to light. Assistant Advocate General Anwar Hussain appeared before the court on behalf of the Punjab government.