ALI AZHAR vs ARZOO FATIMA S — 2022 PLD 1 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 PLD 1 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: PLD
Parties: ALI AZHAR vs ARZOO FATIMA S
Subject matter: Civil
Provisions referred to: S. 2; Sindh Child Marriage Restraint Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

ALI AZHAR VS ARZOO FATIMA S. 2(a)---Constitution of Pakistan, Arts. 199 & 203-D & 203-G---Constitutional petition---Petitioner sought declaration that vires of Sindh Child Marriage Restraint Act, 2013, were against injunctions of Islam, the Holy Quran and Sunnah in view of Art. 203-D of the Constitution---Petitioner raised further plea that as Sindh Child Marriage Restraint Act, 2013, was passed by Provincial Assembly therefore, the same could be challenged under Constitutional jurisdiction of High Court as under Art.199 of the Constitution, High Court had inherent powers to declare vires of any Act, Ordinance or legislation repugnant to Injunctions of Islam, the Holy Quran and Sunnah---Validity---Federal Shariat Court, under Art. 203-D of the Constitution had the exclusive domain of the Shariat Court to examine and declare any provision of any statute as repugnant to injunctions of Islam, the Holy Quran and Sunnah---High Court declined to interfere in the matter in view of the provision contained under Art. 203-G of the Constitution---Constitutional petition was dismissed in circumstances.

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