Law: Pakistan Penal Code, 1860

Section: 364-A

Law: Sindh Child Marriages Restraint Act, 2013 (XV of 2014)

Section: 3,4

Law: Code of Criminal Procedure, 1898

Section: 164

  Case Summary Case Title: Muzammil v. Province of Sindh & Others Case No.: C.P. No. D-3845 of 2026 Court: High Court of Sindh, Karachi Date of Order: 10.07.2026 Facts The petitioner, Muzammil, filed a constitutional petition under Article 199 of the Constitution of Pakistan seeking: Quashment of FIR No. 193/2026 registered at Police Station Liaquatabad under Section 364-A PPC and Sections 3 & 4 of the Child Marriage Act. Protection and custody of Mst. Minahil Zahid, whom he claimed to be his legally wedded wife. The petitioner asserted that the marriage was solemnized on 28.03.2026 with the free consent of Minahil Zahid in accordance with Sharia and the law. He alleged that the FIR lodged by the girl's father was false and intended to harass him, and that Minahil was being unlawfully confined by her family. Proceedings The Investigating Officer informed the Court that Minahil Zahid's statement had already been recorded under Section 164 Cr.P.C. and that the investigation report would be submitted before the competent court. On the date of hearing, neither the petitioner nor his counsel appeared despite repeated calls. Decision The High Court held that the petitioner's absence demonstrated a lack of interest in pursuing the case and therefore dismissed the constitutional petition in default for non-prosecution. The Court further clarified that: The dismissal does not determine the legality, validity, or status of the alleged marriage. The rights and claims of both parties remain unaffected. All issues relating to the validity or subsistence of the marriage are to be decided by the competent Family Court in accordance with the law, keeping in view the relevant judgment of the Federal Constitutional Court. The Court expressed no opinion on the merits of either the matrimonial dispute or the allegations contained in the FIR. Outcome The constitutional petition was dismissed in default due to the non-appearance of the petitioner and his counsel, while leaving all matrimonial issues open for determination by the competent Family Court.                              …