Gilgit Falak Noor case: What is the legal status of marriage?

On January 20, a 13-year-old girl, Falk Noor, ‘disappears’ from a local ‘Abat Gah’ in Sultanabad area of ​​Gilgit-Baltistan. On checking with dear relatives, there is no trace of the girl and the distraught father registers a case of abduction in Dinyar police station the next morning, naming a neighbor named Farid and other facilitators.

The Falk Noor case is being discussed on social media, while protests were also held in different cities of the country including Islamabad.

The girl’s father, Sakhi Ahmed Jan, told the police that the accused Farid ‘kidnapped the girl with the help of her father and other associates.’

Videos

Two months after the incident, Falk Noor’s video message is seen on social media on March 20, in which the girl says that she is 16 years old and was not abducted but had married Farid of her own free will.

Gilgit-Baltistan Police SSP Mohammad Ayaz told Independent Urdu that the first priority of the police in this case is the safe recovery of Falk Noor and accused Farid.

He explained that both of them are children, so the safety of the accused besides the girl is important for them.

After the video surfaced, Falak Noor and Farid had also recorded their statement before the Peshawar High Court in Abbottabad, in which they confessed to an arranged marriage.

He further said that the police are not arresting the accused as the main accused Farid has obtained bail from Peshawar High Court till April 6.

Similarly, the Gilgit court has ordered the police to produce the girl in court on April 2, while Imtiaz, the facilitator of the accused in the case, has taken bail from the local court of Gilgit till April 9.

Age of Falk Noor

Falak Noor has stated in a video on social media that she is 16 years old, but in Form B issued by the National Database and Registration Authority (NADRA), she is about 13 years old.

Similarly, a government official from Gilgit-Baltistan, who is following the case, told Independent Urdu that the age of the girl is around 13 years according to school records.

He further said that it is a simple case of early marriage but it is being given a communal color by some elements.

Last day in Islamabad, Gilgit Interior Advisor Shams Loon, and Gilgit Government Spokesperson Faizullah Faraq have also condemned the communal coloration of this case in a joint press conference.

Early marriage and marriage

According to Pakistan’s ‘Child Marriages Restraint Act’ of 1929, child marriage is a punishable offense and according to this law, the minimum age for marriage for a girl is 16 years and for a boy 18 years.

However, by amending this act on behalf of various provinces, this age has been increased to 18 years by some provinces, including Khyber Pakhtunkhwa and Sindh.

The Falk Noor case is unusual in that both the boy and the girl are young (Farid is 17, according to police records).

Opinion of legal experts

Peshawar High Court lawyer Iftikhar Siddiqui told Independent Urdu that there was a court decision regarding marriage without a witness, but the Supreme Court has annulled this decision.

Iftikhar Siddiqui said, “Regarding underage marriage, the law allows marriage, but it cannot be divorced.”

However, according to Iftikhar Siddiqui, if a young girl gets married of her own will and leaves, then even then the marriage cannot be illegal and a case of adultery or kidnapping cannot be registered.

Pakistan’s law regarding child marriage is the Child Restraint Act of 1929, and this law also does not contain any provision to punish or invalidate the marriage of an underage couple for engaging in child marriage.

Under this law, there are only prison terms and fines for parents and marriage counselors who conduct child marriages.

Peshawar High Court lawyer Sajid Afridi told Independent Urdu that according to Islamic law, an adult boy and girl can marry, but according to Pakistani law, underage marriage will be called ‘irregular’ marriage.

Sajid Afridi said, “Recently, in a decision of the Islamabad High Court, it has been written that any marriage before reaching the legal age will be irregular, that is, it will be against the country’s laws and customs, but a case of adultery cannot be registered in it.” .’

Peshawar High Court lawyer Saifullah Mohib Kakakhil is also of the same opinion that according to Shariah law, marriage at a young age is valid, but for this, it is necessary to have a guardian, i.e. an adult father, mother or brother, sister.

He said, “If the boy or girl is above the legal age, i.e. 18, then he can marry according to his will and there is no restriction on it in Sharia and Pakistani law.”

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