| Citation(s) |
|---|
| 2025 SLG 5359 2025 SLD 5359 = 2025 SHC 2424 |
C.P. No.D-4269 of 2025
Before: Muhammad Karim Khan Agha, J. Adnan-ul-Karim Memon, J.
Date of hearing and order: 09.09.2025 Mr. Hamayoon alias Soorat Ali Khan, advocate for the petitioners, along with the petitioners. Mr. Ali Nasir Baloch, advocate for respondent No.5. Mr. Ali Safdar Depar, AAG, along with SIP/IO Meharban Ali Kolachi PS, A Section Ghotki.
(Esha and another v. Province of Sindh and 04 others)
Law: Sindh Child Marriages Restraint Act, 2013 (XV of 2014)
Section: 3, 4, 5
Law: Dissolution of Muslim Marriages Act, 1939
Section: 13
Law: Muhammadan Law
Section: 271, 272, 273
Law: Criminal Procedure Code, 1898
Section: 22-A(6)(1)
Summary:
Petitioners Esha (an adult) and Hamza Raheem challenged FIR No. 243/2025 registered under the Sindh Child Marriage Restraint Act, 2013, claiming it was illegal because Esha married of her own free will. The petition argued that her consent nullified any abduction claim, as confirmed by her previous statement and the quashing of an earlier FIR. The respondents contended that Esha was a minor under the Act, making the marriage a criminal offense. The Court examined the age, legal framework, and Islamic/Muslim law principles, concluding that the marriage was valid under Islamic law and the couple’s consent. FIR No. 243/2025 was effectively deemed baseless, and the Court directed protection for the couple against harassment, converting the FIR into "C Class."
Sections / Laws Used:
Section 3, 4, 5, Sindh Child Marriage Restraint Act, 2013