The Federal Constitutional Court (FCC) has reissued notices to Maria Shahbaz and her husband, Shehryar, during the hearing of review petitions filed in a case concerning the marriage of Maria Shahbaz, an allegedly underage Christian girl. A two-member bench, headed by Acting Chief Justice Hassan Azhar Rizvi, heard the case on Wednesday.
During the hearing, the lawyer representing the girl's parents argued that the judicial precedents relied upon in the earlier judgment had since changed and that a new precedent set by the Federal Shariat Court was binding on all courts. However, Justice K.K.Agha directed the counsel to identify the specific error in the judgment, while Justice Rizvi observed that the girl had declared herself an adult before the court and that objections regarding her age had not previously been raised before any forum.
The counsel informed the court that the girl's birth certificate had been issued 10 years later, while her National Database and Registration Authority (NADRA) certificate had been obtained after a delay of 8 years. The court observed that in the event of a dispute over age, the parties should have approached the family court.
The legal representatives presented various documents, but the bench emphasized the need for proper documentation regarding the verification of the girl's age at the time of nikah. Human rights activists and minority community representatives have been closely following the legal proceedings, highlighting the broader implications of child marriage laws and conversion cases in the country.
Legal experts point out that the determination of age through official records remains a complex issue in many civil and criminal matters across Pakistan. Subsequent to the arguments, as the notice issued to Shehryar had not been served properly through official channels, the court directed that fresh notices be issued to the couple to ensure their direct representation.
The bench also instructed both parties to submit complete written arguments and relevant documentary evidence before the next date of hearing to expedite the review process. Meanwhile, the court adjourned the hearing indefinitely, awaiting the completion of service of notices and further instructions from the bench.