Marriage of Muslim girl below sixteen years in PAKISTAN

Section 375 Pakistan Penal Code

 Ss. 2(a) & (b) Child Marriage Restrain Act 1929 Ss. 2(a) & (b)

Section 491 Habeas Corpus Criminal Procedure Code  1898 – Petition for the recovery of Detenue – Rape —

Marriage of Muslim girl below sixteen years of age who had otherwise attained puberty and consented to the marriage — Legality — complainant (father of alleged detenue ) filed present petition for recovery of her daughter contending that she was a minor girl and accused was subjecting her to rape – alleged detenue contended that she had attained puberty and contracted marriage with the accused out of her own free will and consant –– validity — Medical reports of alleged detenue revealed that she was between 14 and 15 years of age at the time of her marriage with the accused – medico-legal certificate available on record showed that alleged detenue had developed all physical characteristics of having attained puberty  – marriage of the Muslim girl who was below 16 yeas of age, but had attained puberty and was also a consenting party to the marriage, was valid for all intent and purposes  — relationship of accused with the alleged detenue could not be equated with rape in such circumstances — Alleged detenue claimed to have attained puberty and admitted her willful nikah with the accused and also deposed to accompany him — petition for recovery of alleged detenue was dismissed in circumstances.

PLD 2013 Lahore 243

1994 SCMR 2102