Ali Azhar, accused in Arzoo Fatima case, has moved to the Sindh High Court against the minimum age of 18 years for marriage under the Sindh Child Marriage Act.
The petitioner has taken a stand that the condition of 18 years for marriage of a girl is not in accordance with Shariah as the condition of marriage according to Shariah is puberty.
The court however said that this matter belongs to the Shariah Court and the petitioner should take it there as this matter does not fall within the purview of the High Court.
The court questioned the counsel for the petitioner whether the High Court or the Shariah Court has jurisdiction to hear the petition.
Later, the court sought arguments from the petitioner regarding the jurisdiction of the hearing and adjourned further hearing for indefinite period of time.
It should be noted that the High Court had declared the marriage of Arzoo and Ali Azhar illegal under the Child Marriage Act and the court had annulled the marriage as Arzoo was under 18 years of age.
The case of Arzoo Fatima, a new Muslim, was heard in the Sindh High Court last year. The report of the Medical Board regarding the determination of Arzoo’s age was presented to the court. As per the report, Arzoo Fatima was found to be between 14 and 15 years of age.
The Supreme Court, in the light of the medical report, had dismissed the case. The court sent Arzoo to a shelter home for two weeks and barred Ali from meeting her. It was also ruled that every person who was a part of the nikkah ceremony would be investigated under the Child Marriages Restraint Act, 2013.
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