Sindh High Court Gives Historic Ruling in Inter-Caste and Inter-Religion Marriage Case

The Sindh High Court (SHC) has ruled that while parents may choose to sever social ties with their children over inter-caste or interfaith marriages, they have no right to issue threats, incite violence, or commit any act of harm against them.

This significant observation was made during a hearing on a petition filed by Shairbano, who sought protection after contracting a free-will marriage. Justice Adnan-ul-Karim Memon, presiding over the single bench, emphasized that Pakistan is fundamentally a free and democratic nation where any adult has the legal right to marry a person of their choice, regardless of caste or religion.

The court directed both the local administration and police authorities to ensure that any adult couple entering into an inter-caste or interfaith marriage is neither harassed nor threatened. Justice Memon stressed that those found guilty of harassment or violence should face criminal prosecution.

However, the court clarified that this observation does not affect any legal rights or pending legal matters regarding the marriage that may be under consideration by a competent court.

In her petition, Shairbano stated she had married Arbab Ali of her own free will, which had angered her family and former husband. She alleged that they, in collaboration with local police, were interfering in her marital life and harassing her and her husband without legal cause.

An assistant prosecutor general assured the court that police would not harass the couple and stated that if there is any legal issue regarding a previous marriage, it should be addressed through the appropriate legal forum.

Taking into account the parties’ statements, the SHC disposed of the petition, directing the police to provide full legal protection to the couple. The court further ordered the concerned SSP and SHO to ensure the couple’s safety and to obtain a Personal Recognizance (PR) Bond of Rs500,000 each from the private respondent. This bond, to be kept at the police station, guarantees that no harm will come to the petitioners.