A Karachi sessions court has clarified that a conviction under the Sindh Child Marriage Restraint Act 2013 does not automatically void a marriage or invalidate the nikkah from a personal law perspective. Additional District and Sessions Judge Zahoor Ahmed Chandio made this observation on December 27, 2025, while sentencing a man to two years in prison for solemnizing a marriage with an underage girl. The ruling emphasizes that the Act is a penal statute focused on restraint, without provisions for annulment, and that marriage validity falls under separate family law jurisdiction.
The decision balances criminal accountability with established personal law principles.
A sessions court has ruled that any conviction under the provision of the Sindh Child Marriage Restraint Act 2013 does not render the marriage void or invalidate the nikah. https://t.co/t4I3JHuMcc
— Asad Ali Toor (@AsadAToor) December 27, 2025
Key Highlights
- Accused Zulqarnain, alias Cheeko, convicted under Section 3 of Sindh Child Marriage Restraint Act 2013 and sentenced to two years imprisonment plus Rs25,000 fine.
- Court acquitted him of charges under Sections 365-B (kidnapping to compel marriage) and 376(3) (rape of minor) due to insufficient evidence.
- Medical evidence confirmed the girl was between 14 and 15 years old (closer to 15) at the time of the incident in May 2023.
- Victim stated in court that she married willingly, without abduction or coercion, and executed a freewill affidavit.
- Judge noted the Act penalizes child marriage but does not contain annulment clauses; validity of nikkah to be decided by family courts.
- Case against co-accused Qazi and witnesses remains pending until their arrest or appearance.
Court Observations on Marriage Validity
Presiding over the Gender-Based Violence Court (South), Judge Chandio stressed separation of issues. “The validity of the marriage contract (Nikkah) is a separate issue to be determined by the appropriate forum under the relevant personal law or the family courts,” he observed.
The court highlighted that while the girl’s age was proven underage through scientific evidence — contradicting her claim of being 18 or 19 — criminal liability under the child marriage law stands independently.
Evidence and Acquittal on Graver Charges
State prosecutor Irfana Qadri alleged abduction on April 26, 2023, followed by forced marriage and rape. However, the complainant’s mother and the girl herself denied kidnapping during cross-examination.
Medical reports also did not corroborate rape allegations. The victim’s consistent conduct — voluntary association, no complaints of force to investigators or magistrate — led to acquittal on those counts.
Pakistan’s judiciary continues to address child marriage firmly through existing laws, protecting minors while respecting procedural fairness and distinct legal domains in such sensitive cases.
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