Underage marriage: SHC disposes of Arzoo's petition seeking protection from FIR against alleged husband

KARACHI: Sindh High Court on Monday disposed of a petition pertaining to abduction, forced conversion, and marriage of 14-year-old Arzoo Raja to 44-year-old Syed Ali Azhar.

Arzoo and her alleged husband had approached the high court seeking a restraining order against an FIR filed by the minor’s parents against Azhar. The petition was being heard by a two-member bench comprising Justice KK Agha and Justice Amjad Ali Sahito.

In today’s hearing, the bench was informed by the police that some suspects named in the charge-sheet had procured pre-arrest bail while two were absconding. In response, the court reminded the police that it was their job to find the absconding suspects.

The court once again asked Arzoo if she wanted to return to her parents. She replied in the negative.

Irked by Arzoo’s counsel's insistence that the verdict be made in line with Islamic laws, the high court warned that it would initiate contempt of court proceedings against the lawyer if he did not stop instructing the bench. “We have decided. You may approach the Supreme Court if you want.”

The court ordered that Arzoo will remain at the shelter home and directed the government to manage her education and other needs. The bench also ordered the interior ministry to provide counselling to the minor and disposed of the petition.

The bench also directed the police to conduct a transparent investigation and submit a report to the lower court for hearing the case. 

Read more: SHC orders formation of medical board to determine Arzoo's age

Case history

In her petition, the minor had submitted that she converted to Islam and willingly married the 44-year-old man. On October 27, the bench had restrained the Frere police from making an arrest in the FIR filed by Arzoo’s parents and directed Preedy police to provide protection to the couple.

An application filed by the minor’s family seeking to move her to a shelter home was dismissed by a judicial magistrate. The parents had contended that the girl was 14-years-old and was forcibly converted and married.

The decision sparked protests across the country. Subsequently, the provincial government filed an application in the high court seeking to place Arzoo in a shelter home.

On November 2, the high court directed the police to recover the girl and move her to a shelter home. During a November 6 hearing, the bench ordered the formation of a medical board to determine her age.

On November 9, the medical board submitted that the girl was aged 14. Following this, the court sent her to a shelter home and directed the police to take legal action against Azhar for violating the Sindh Child Marriages Restraint Act 2013.

Meanwhile, a judicial magistrate hearing the case has granted physical remand of the prime suspect to the police.