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: Civil
Provisions referred to: S. 11---M; S. 2---C; S. 11; S. 2; Contract Act (IX of 1872); Majority Act (XI of 1875); Contract Act; Majority 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---Contract Act (IX of 1872), S. 11---Majority Act (XI of 1875), S. 2---Contract of marriage---Principle---Marriage contract stands on a distinct footing from contracts governed by Contract Act, 1872 owing to personal, religious, and socio cultural dimensions uniquely attached to matrimonial unions---Contractual capacity under S.11 of Contract Act, 1872 is attained upon reaching the age of majority as defined under Majority Act, 1875---Matters pertaining to marriage, dower, and divorce have been expressly excluded, under S.2 of Majority Act, 1875 from its application---Unlike commercial contracts, which are founded purely on legal capacity, marriage contracts are governed under special enactments, wherein determination of age has not been made categorically by the legislature, thereby allowing involvement of personal laws---Minor girl attaining puberty has capacity to contract a valid marriage, provided she gives free and informed consent---Under the Muslim Personal Law, puberty is presumed at the age of fifteen, and once attained, a Muslim female is considered sui juris, capable of entering into a marital contract without the necessity of aguardian's consent.

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