A sessions court has clarified that a conviction under the Sindh Child Marriage Restraint Act, 2013, does not nullify a marriage or invalidate the nikkah. The law is penal in nature and aims to restrict child marriage, rather than dissolve it.
Additional District and Sessions Judge Zahoor Ahmed Chandio sentenced Zulqarnain alias Cheeko to two years in prison for marrying an underage girl. The court also imposed a fine of Rs25,000, with additional imprisonment in case of default.
The judge highlighted that questions regarding the validity of a nikkah fall under the jurisdiction of family courts, not criminal courts. The Sindh Child Marriage Restraint Act is designed to penalize violations of child marriage laws, but it does not automatically affect personal law recognition of a marriage.
The court also ruled that proceedings against co-accused individuals, including the Qazi and marriage witnesses, will remain pending as they are absconding.
State prosecutor Irfana Qadri said the accused was also charged under Sections 365-B (abduction) and 376(3) (rape of a minor). The prosecution claimed that the girl was abducted on April 26, 2023, forcibly married, and raped.
However, the court acquitted the accused of abduction and rape due to lack of evidence. The girl testified that she married voluntarily, and her mother confirmed no kidnapping occurred.
The court examined the girl’s age carefully. While she claimed to be 18, medical evidence indicated she was between 14 and 15 years old at the time of marriage, making her a minor under the law.
This ruling underscores that child marriage remains a punishable offense, but convictions under the law do not automatically annul the marriage. It clarifies the distinction between penal consequences and the personal law status of a nikkah.
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The court’s decision highlights the need for awareness about child marriage laws while respecting legal procedures concerning marriage validity.
