LAHORE:Justice Khalid ibn-i-Aziz of Lahore High Court (LHC) has declared illegal the order for sending the girl to Darul Aman by applying Child Marriage Restraint Act -2026 retrospectively.
It was said in the decision Child Marriage Restraint Act -2026 was enforced on May 11 while respective Nikkah took place on April 18, 2026. New law cannot apply to under age marriage which took place before enforcement of law . Sending the girl to Darul Aman by applying the law retrospectively with declaring the girl under age was not correct.
A newly enacted law can not be made basis for initiating proceedings against any one by enforcing it retrospectively.
Sessions Court Khushab had ordered to send Kiran Shaheen to Darul Aman by declaring her under age below 16 years.
According to decision Kiran Shaheen had given statement before magistrate that she had married of her free will and no one had abducted her.
The girl while refusing to go with her father had expressed desire to live with her husband. .
The proceedings cannot continue under section 552 if the alleged abducted girl refutes the allegation of her being underage in court. Section 552 of the code of Criminal Procedure (Cr Pc) does not entitle the court to keep the girl in Darul Aman for indefinite period.
Justice Khalid Ibn-i- Aziz said keeping the girl in Darul Aman against her will was against the legal norms.
LHC nullified the sessions court Khushab May 20, 2026 decision .
Justice Khalid Ibn-i- Aziz accepted the criminal revision petition of Sher Baz and Safina Khatoon .
Constitutional petition of Ahmad Sher father of Kiran Sher was rejected.
LHC allowed Kiran Shaheen to live any where as per her will.