MUHAMMAD RIAZ vs DISTRICT AND SESSIONS JUDGE, (EAST) ISLAMABAD Ss — 2026 CLC 381 ISLAMABAD

Case information

Citation: 2026 CLC 381 ISLAMABAD
Court: Islamabad High Court
Year: 2026
Reporter: CLC
Parties: MUHAMMAD RIAZ vs DISTRICT AND SESSIONS JUDGE, (EAST) ISLAMABAD Ss
Subject matter: Criminal
Provisions referred to: Capital Territory 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

MUHAMMAD RIAZ VS DISTRICT AND SESSIONS JUDGE, (EAST) ISLAMABAD Ss. 2(a), 3, 10 & 11---Constitution of Pakistan, Art. 199---Constitutional petition---Habeas corpus---Custody of wife---Petitioner sought recovery of his wife who was minor at the time of her Nikkah with him---Alleged detenue was produced by police before High Court and the alleged detenue unequivocally affirmed that she had contracted marriage with petitioner of her own choice and expressed her desire to reside with him, explicitly declining to return to her parents---Even during stay of alleged detenueat Crisis Centre, she had consistently maintained such position---Held: Alleged detenue had attained puberty and had given free and voluntary consent; she was at liberty to reside with the petitioner---Marriage in question could not be invalidated under the provisions of Islamabad Capital Territory Child Marriage Restraint Act, 2025, rather it stipulated punishment for those participating or promoting the same---Marriage contracted inter se the parties was not in contravention to the injunctions of Islam or any statutory provision---Constitutional petition was disposed of accordingly.

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