IHC rules 15-year-old girl can live with husband in underage marriage case

The Islamabad High Court has ruled that a 15-year-old girl, who married of her own choice, may live with her husband, observing that while underage marriage is not invalid under Sharia, it remains a punishable offense under Pakistani law.

Justice Muhammad Azam Khan issued a detailed verdict in the case of underage marriage, permitting Madiha Bibi to go with her husband. In her statement before the court, the girl made it clear she did not wish to return to her parents and expressed her desire to stay with her husband.

Even during her stay at the crisis center, she consistently maintained that she wanted to live with him of her own free will.

In its decision, the court stated that, according to Sharia, a marriage is valid once there is puberty and consent. However, under the Islamabad Child Marriage Restraint Act 2025, contracting a marriage below the age of 18 constitutes a crime.

The court also noted discrepancies in official documents. While the marriage certificate recorded the bride’s age as approximately 18 years, Nadra records showed she was in fact 15 at the time of the marriage.

Recommending reforms, the court directed the government to strengthen the NADRA system so that marriage certificates are not issued without proper age verification, and registrars must be bound by law not to solemnize marriages involving anyone under 18.