The Lahore High Court (LHC) has ruled that living in a marital relationship with a minor girl constitutes child abuse, even when the girl has consented to the relationship.
In an 11-page written judgment, Justice Munawar Iqbal Dogar directed that the minor girl be placed in the safe custody of the Child Protection and Welfare Bureau. The court also ordered an investigation into allegations of underage marriage and the issuance of a fake marriage certificate.
The ruling comes amid increased legal attention to the protection of children and the enforcement of laws relating to underage marriages in Punjab.
LHC Rejects Minor’s Consent as Legal Basis
The Lahore High Court observed that a marriage involving a person below the age of 18 falls within the definition of child marriage under the applicable law.
Justice Dogar made it clear that the consent of a minor girl does not provide her with a legal right to live with an adult in a marital relationship.
According to the judgment, a marital relationship involving a minor resulting from child marriage can amount to child abuse and may carry a prison sentence ranging from five to seven years.
The court also noted that the offence may attract a fine of at least Rs1 million.
Minor Placed in Protective Custody
The court ordered that the minor girl, identified in the judgment as Hina Aslam, be kept in the safe custody of the Child Protection and Welfare Bureau.
The court did not hand over her custody directly to either her parents or the alleged husband.
Hina Aslam will not be permitted to leave with the alleged husband. The judgment stated that she may meet her parents or the alleged husband only under supervision.
The issue of her permanent custody will be decided by the Guardian Judge Lahore.
According to the written judgment, Hina Aslam was approximately 15 years and two months old when the alleged marriage took place. The court referred to NADRA records, which reportedly show her date of birth as March 1, 2011.
The findings were issued on an application filed by Hina Aslam’s father, Muhammad Aslam.
Court Orders Investigation Into Alleged Underage Marriage
The Lahore High Court also ordered an investigation into allegations that the minor had been married underage and that a fake marriage certificate had been issued.
The court directed the station house officer (SHO) of B Division Police Station in Kasur to register a case in accordance with the law.
The judgment rejected the police’s position that they could not investigate the allegations concerning underage marriage.
The court further clarified that a separate first information report (FIR) could be registered if the investigation establishes that an offence other than kidnapping had also been committed.
Justice of Peace Order Declared Null and Void
The LHC declared the earlier decision of the Justice of Peace, Kasur, null and void.
The court noted that the legal framework governing child marriage had changed following the enactment of the Punjab Child Marriage Restraint Act 2026.
According to the judgment, the new legislation has changed the legal position concerning child marriage and must be applied accordingly.
The court’s decision places the protection and welfare of the minor at the centre of the proceedings instead of immediately transferring custody to either side.
Until the Guardian Judge Lahore makes a decision regarding permanent custody, meetings between Hina Aslam and her parents or alleged husband will take place only under supervision.
Court Stresses Protection of Minor
The ruling reinforces the court’s position that a minor’s consent cannot override statutory protections available to children.
By ordering protective custody and a fresh investigation into the alleged underage marriage and fake documentation, the LHC has directed authorities to proceed according to the applicable child-protection laws.
Justice Munawar Iqbal Dogar issued the detailed 11-page decision while hearing the application filed by the girl’s father.
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