Conviction under child marriage law doesn’t invalidate nikah, a Karachi sessions court recently clarified, distinguishing between penal consequences and the validity of the marriage contract itself. Additional District and Sessions Judge Zahoor Ahmed Chandio ruled that while the Sindh Child Marriage Restraint Act 2013 imposes penalties for marrying an underage individual, it does not void the nikah from a personal law perspective.
The judge, who presides over the Gender-Based Violence Court (South), observed that the Act serves as a “restraint and penal statute” and lacks provisions for annulment. The validity of a marriage contract remains an issue for family courts under relevant personal law, separate from criminal liability.
Legal Clarification on Child Marriage Law
In a specific case, the court sentenced Zulqarnain, alias Cheeko, to two years in prison and imposed a Rs25,000 fine for violating Section 3 of the Sindh Child Marriage Restraint Act, 2013. However, the accused was acquitted of kidnapping and rape charges. The prosecutor, Irfana Qadri, failed to prove these allegations as the victim’s testimony was inconsistent, with the girl stating she was not abducted and married willingly. SindhNews.com reported that medical evidence from May 2023 indicated the girl was between 14 and 15 years old, despite her claim of being 18, confirming her minor status during the nikah.
This ruling clarifies that while penalties for violating the child marriage law are enforced, the formal religious marriage contract’s validity is determined by different legal forums, creating a distinction between criminal sanction and marital status.