KARACHI: The Sindh High Court has directed the provincial health department to constitute a medical board to determine the age of a girl who has contracted a freewill marriage.

The two-judge bench headed by Justice K. K. Agha also directed the police to cancel a case registered against a couple on the complaint of a girl’s parents since the petitioner stated that she had not been abducted, but she had contracted marriage with Jehanzeb.

The bench also ordered the senior superintendent of police Ghotki to take disciplinary proceeding against the investigating officer of the case because he had not conducted the investigation fairly since the IO completely failed to record the statement of the girl till the matter came in the court and in the meantime he proceeded to arrest the relatives of Jehanzeb in order to pressurise him to return the girl.

The petitioners Majida, a resident of Ghotki, and Jehanzeb, residing in Korangi, through their counsel moved the SHC and submitted that they contracted marriage against the consent of Majida’s parents and the parents lodged a case against Jehanzeb in Ghotki. The petitioners pleaded for protection.

When the matter came up for hearing, the father of the girl submitted a children certificate issued by the National Database and Registration Authority which showed that she was around 15 years old. However, the girl could not produce any prove about her age and contended that she was 18 years old.

Subsequently, the bench directed the secretary of health to form a medical board within three days comprising doctors with specialisation in age determination to examine the petitioner girl and sought its report within 10 days.

The bench also directed the SHO of the Korangi police station to provide protection to the couple and produce them before court on the next date of hearing.

Published in Dawn, April 5th, 2021