Karachi Court Hands Two-Year Jail Term in Child Marriage Case

A Karachi sessions court has sentenced a man to two years in prison for marrying a teenage girl, ruling that the marriage violated Sindh’s child marriage laws.

Conviction Under Sindh Child Marriages Restraint Act

Judicial Magistrate (East) Noor Ahmed Chandio found Azhar Ali guilty under Section 3 of the Sindh Child Marriages Restraint Act, 2013, which criminalizes marriage involving individuals under 18. The verdict came after hearings from both the complainant’s lawyer, Daniyal Muhammad Hussain, and the defence.

The court concluded that the defence had failed to produce any substantial evidence to clear Ali or the other accused — including an absconding nikah khawan (marriage registrar) — of charges related to arranging and conducting the underage marriage. A medico-legal report confirmed the girl was approximately 15 or 16 years old at the time.

In addition to the prison term, Ali was fined Rs50,000. Failure to pay will add more time to his sentence.

Missing Affidavit on Bride and Groom’s Age

The judgment highlighted procedural failures. Under Rule 3 of the Child Marriages Restraint Rules, 2016, a nikah khawan is legally required to sign an affidavit confirming both bride and groom are at least 18. This affidavit must be attached to the nikahnama (marriage contract). In this case, the registrar — still at large — had not verified the girl’s age.

Kidnapping Charge Dropped

Ali was also accused under Section 363 of the Pakistan Penal Code, which covers kidnapping. However, the judge ruled that neither the state prosecutor nor the complainant’s lawyer had clearly shown how the kidnapping charge applied in this case.

The complainant’s counsel has already announced plans to appeal the acquittal on the kidnapping count, arguing that the court did not provide adequate reasoning or properly apply the law.

Background of the Case

According to the prosecution, the girl’s mother reported that on January 16, Ali — a security guard living in their neighbourhood — lured her 16-year-old daughter away. Three days later, the teenager was missing, and Ali had married her. Police eventually tracked him down and recovered the girl.

The girl’s own testimony told a different story: she claimed she willingly left with Ali in a rented car to Naushahro Feroze, where they stayed for three days and “contracted a love marriage.” She later confirmed the police raid on Ali’s home, gave her statement under Section 164 of the Criminal Procedure Code, and said she wanted to return to her parents.

The defence argued that official records contained inconsistencies about the girl’s age — with some documents suggesting she was 17 — and maintained the relationship was consensual and without coercion.