A petition has been filed in the Peshawar High Court (PHC) seeking to increase the minimum legal marriage age for girls in Khyber Pakhtunkhwa from 16 to 18 years.
The petition was filed by Lina Qamar War Maham Nafis through Advocate Imran Khan. It names the federal and provincial governments as respondents, along with the Secretary of Law and other relevant authorities.
The petitioner has asked the court to direct the concerned authorities to raise the minimum marriage age for girls to 18 years. The requested change would bring Khyber Pakhtunkhwa’s legal limit in line with the age mentioned in marriage laws in several other parts of Pakistan.
Petition Highlights Differences in Marriage Laws Across Pakistan
According to the petition, the minimum legal marriage age for girls is 18 in Islamabad, Sindh, Punjab and Balochistan.
The petitioner has argued that these areas amended their respective laws following the 18th Constitutional Amendment. However, the relevant law in Khyber Pakhtunkhwa has not been changed, and the minimum age remains 16 under the existing legal framework.
The petition maintains that this difference between provincial laws requires attention. It asks the court to consider whether the current legal position in Khyber Pakhtunkhwa should be revised.
Concerns Over Early Marriages
The petitioner has also raised concerns about the problems associated with underage marriages.
The petition links early marriages to various family-related challenges and argues that increasing the minimum legal age could help address these concerns.
By requesting an increase from 16 to 18 years, the petitioner wants the provincial government to introduce a legal change that would establish the same minimum age for girls as in several other parts of the country.
The case has brought renewed attention to the differences in marriage laws across Pakistan and the legal protections available to girls in different provinces.
What Happens Next?
The petition has placed the matter before the Peshawar High Court. The court will consider the legal arguments and the relief requested by the petitioner.
However, filing a petition does not automatically change the existing law. The requested increase will require appropriate legal action by the relevant authorities if the court grants the requested relief.
Until any legal amendment or applicable court order changes the position, the existing minimum marriage age in Khyber Pakhtunkhwa remains 16 years under the law described in the petition.
The outcome of the case could have implications for marriage laws in the province. It may also bring further discussion about whether the minimum legal marriage age should be consistent across Pakistan.
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