The Lahore High Court (LHC) has set aside a decision by a Justice of Peace rejecting an application for registration of an FIR in a case involving the marriage of a 15-year-old girl and ordered an investigation. Justice Munawar Iqbal Duggal directed the police to proceed in accordance with the law and investigate the matter to determine whether a cognizable offence punishable under the law had been committed.
The court observed that the petitioner had previously got an FIR registered regarding the alleged abduction of his daughter, but this did not prevent registration of another FIR if a separate offence was disclosed. The court held that under the Punjab Child Marriage Restraint Act, marriage involving a person below the age of 18 is illegal.
The court also ordered that the girl be handed over to the Child Protection and Welfare Bureau, directing the relevant authorities to ensure that her safety, welfare and best interests remained the foremost consideration. The court observed that while a child's wishes were important, they could not automatically be treated as decisive because of the child's young age, emphasising that laws against child marriage are intended to protect children's rights.
The petitioner had approached the high court seeking registration of an FIR against the man who had married his underage daughter. The court, after examining the matter, annulled the Justice of Peace's decision and ordered the police to conduct an investigation into the alleged offence and take further action strictly in accordance with the law.
