A sessions court has ruled that a conviction under the Sindh Child Marriage Restraint Act, 2013, does not render a marriage void nor invalidate the nikkah, clarifying that the law is penal in nature and does not provide for annulment.
Additional District and Sessions Judge Zahoor Ahmed Chandio, while sentencing a man to two years’ imprisonment for marrying an underage girl, observed that the Act merely restrains and penalises child marriage and does not affect the validity of the marriage under personal law.
He added that the question of nikkah validity falls within the jurisdiction of family courts or the relevant forum, not criminal courts.
The judge, who also presides over the Gender-Based Violence Court (South), convicted Zulqarnain alias Cheeko under Section 3 of the Sindh Child Marriage Restraint Act, 2013, and imposed a fine of Rs25,000. In case of default, the convict will serve additional imprisonment.
The court ruled that proceedings against the co-accused, including the Qazi and marriage witnesses, would remain dormant until their arrest or appearance, as they are absconding.
According to state prosecutor Irfana Qadri, the accused was charged under Sections 365-B (abduction), 376(3) (rape of a minor), and Section 3 of the Sindh Child Marriage Restraint Act.
The prosecution alleged that the accused abducted the girl on April 26, 2023, forcibly solemnised the marriage, and raped her.
However, the court acquitted the accused of abduction and rape charges, citing a lack of evidence. The complainant, the girl’s mother, admitted during cross-examination that her daughter had stated no one had kidnapped her.
The girl herself testified that she had married the accused of her own free will and without coercion.
The court further noted that the girl’s conduct, medical evidence, and statements before investigators and the magistrate did not support allegations of abduction or rape.
Regarding the girl’s age, the court observed that while she claimed to be 18 at the time of marriage, medical evidence established that she was between 14 and 15 years old, confirming she was a minor under the law at the relevant time.
That’s blasphemy actually. The court just committed blasphemy
A sessions court has ruled that a conviction under the Sindh Child Marriage Restraint Act, 2013, does not render a marriage void nor invalidate the nikkah, clarifying that the law is penal in nature and does not provide for annulment.
“WHAT DOES IT MEAN BY THE WAY AND WHAT KIND OF LAW OR THE RULES ARE THESE THAT DO NOT TERMINATE OR SET A SIDE THE MARRIAGE ACTIVITIES THE EVERY BASIC ACTIVITIES THAT GIVE BIRTH TO A MARRIAGE ACTIVITIES,CALLED THE “NIKAH” AND EVEN IF THE MARRIAGE ACTIVITIES ARE SUSPENDED OR TERMINATED THEN HOW AND ACCORDING TO WHICH RULES OF BUSINESS THE “NIKAH” SUSTAINED OR VALIDATED AND EFFECTIVE SINCE THE BASIC ACTIVITIES ARE LAWFULLY TERMINATED.
PERHAPS, NEED TO SEE THE FULL TEXT OF THE LAW THAT HAS BEEN MADE BY THE SINDH GOVERNMENT. BUT AT THE PRESENT CONDITIONS AS ORDERED BY THE HONOURABLE COURT, ACTIVITIES OF THE MARRIAGE ARE ILLEGAL BUT DOES NOT AFFECT THE VALIDATION OF THE “NIKAH” NATURALLY PUT MILLIONS INTO A TROUBLE AND SEEK THE RIGHT WAY, EITHER THE ACTIVITIES OF HAVING THE MARRIAGE ARE WRONG SINCE THE OUTCOME OF THE ACTIVITIES ARE NOT WRONG AND SUSTAINED WITH REFERENCE TO THE LAW ESTABLISHED BY THE SINDH GOVERNMENT?