Pakistan’s Lahore High Court has ruled that living in a marital relationship with a girl under 18 may constitute child abuse, even if the minor consents to the relationship.
In a judgment issued Monday in the case of Muslim minor Hina Aslam, Lahore High Court Justice Munawar Iqbal Duggal held that a marriage involving anyone under 18 qualifies as child marriage under the newly enacted Punjab Child Marriage Restraint Act 2026.
The court prioritized the minor’s safety and welfare and declined to immediately award custody to either side. Duggal ordered Hina placed in the protective custody of the Child Protection and Welfare Bureau and instructed police to investigate allegations of underage marriage and the use of a fraudulent marriage certificate.
The ruling said a minor’s consent does not create a legal right for an adult to live with her in a marital relationship.
“A marital relationship with a minor resulting from child marriage can constitute child abuse and may carry a prison sentence of five to seven years,” the judgment stated. The court added that child abuse charges may also carry a minimum fine of 1 million Pakistani rupees, or about $3,605.
Hina was barred from leaving with the man who claims to be her husband, while visits with her parents or the alleged husband may take place only under supervision. The Lahore Guardian Court will determine permanent custody, according to the ruling.
Court records cited in the judgment show that Hina was about 15 years and two months old when the alleged marriage occurred. The case followed a petition filed by her father, Muhammad Aslam, and relied in part on National Database and Registration Authority records listing her date of birth as March 1, 2011.
Duggal directed the station house officer of B-Division Police Station in Kasur District, Punjab Province, to investigate the alleged underage marriage and fake marriage certificate and to register a criminal case if the inquiry establishes an offense.
The court also rejected the police position that they lacked authority to investigate the alleged child marriage. It said a separate First Information Report could be filed if investigators uncover an offense distinct from the original kidnapping allegation.
Christian leaders and rights advocates said the decision could strengthen legal safeguards for underage girls from religious minority communities, particularly if police and lower courts consistently apply the new child marriage law.
Pakistan ranked eighth on Open Doors’ 2026 World Watch List of 50 countries where Christians face severe persecution. The organization cited systemic discrimination, mob violence, forced conversion, bonded labor and gender-based abuse among the challenges facing Christians in the country.
