Mst. MUMTAZ BIBI vs QASIM arts — 2022 PLD 228 ISLAMABAD

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Mst. MUMTAZ BIBI VS QASIM arts. 10-a & 199---Habeas corpus, writ of---Plea of marriage---attaining age of puberty---Petitioner sought recovery of her minor daughter, abducted by respondent who entered into marriage with her---Validity---Puberty has to do with physical aspects of growth of a female child---Merely because a child has grown physically and biologically to an extent that she can endure sexual activity or intercourse does not automatically mean that she has legal capacity to marry or agency to contemplate consequences that marriage entails i.e. that she has mental and psychological maturity to reach such decision in her own best interest---There are factors that contribute to a female child reaching puberty---Children as young as ten or eleven years of age can possibly reach puberty as timing of puberty has been found to be related to physical characteristics including height, weight and body mass, as well as diet of individual and her geography etc.---If puberty was to be applicable test, would that deem a 10-year-old to be competent to contract marriage and engage in sexual intercourse because she had attained puberty---Early maturing "adolescents" are at a higher risk for psychological and behavioural problems because they are not emotionally or formatively ready for major biological, social and emotional changes comprising puberty---Marriage contract involving a child under the age of 18 years was a contract prohibited by law, which, even if executed by a child, was void ab initio---High Court declined to treat purported Nikahnama between respondent and minor as a basis to release her in the custody of respondent---High Court declined to determine age of minor definitively and also did not make any observations as regard liability of respondent under the provisions of Penal Code,1860, in exercise of Constitutional jurisdiction as the same would fetter rights of parties involved to due process and fair trial as guaranteed by art.10-a of the Constitution---High Court left determination of such questions to the court of competent jurisdiction before which such questions would be raised---High Court handed over custody of the minor to petitioner, who was her mother---Petitioner along with her husband (i.e. the father of the minor) were responsible to provide for the safety and well being of the minor---Constitutional petition was allowed accordingly.

Mst. MUMTAZ BIBI vs QASIM arts — 2022 PLD 228 ISLAMABAD

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