SC issues clarification on disapproval of love marriages

ISLAMABAD: The Supreme Court of Pakistan issued a clarification and said it was misreported in the media that the top court had expressed its disapproval of love marriages.

In a statement, the court said it was hearing a matter pertaining to a family dispute on custody of two minor daughters. During the proceedings, it became apparent that the parents in question had entered into a freewill marriage.

It said that on 26 September, 2023, a family matter came before Courtroom No. 1 of the Supreme Court pertaining to parents fighting over the custody of their two minor daughters.

It transpired that the parents had entered into a love marriage, and during the hearing the Court observed that they should apply the same principle, of love, in attending to their children’s welfare.

“On the contrary, better sense prevailed when the parties were reminded of the power of love, which when applied to the matter of their children, resulted in an amicable resolution of the case, “it added.

During the hearing of the case, as per media reports, the CJP had asked the children’s father whether he had a love marriage or an arranged marriage. Taimur, the father of the children, said that it was a love marriage.

Justice Isa then reportedly remarked that having a beard does not make a person a Muslim, people themselves marry for love, and then they become an issue for the court.

The court ordered the two girls to be handed over to their mother, ordering that the father of the girls will be able to visit the girls on Sundays from 10 am to 5 pm, and if the father violated the court order, contempt of court action will be taken against him.

The lawyer of the father pleaded with the court that the girls should be with the father, as their mother works at night, and does not have time to take care of them.

CJP Isa expressed his anger and asked whether the lawyer has read the principle of extradition in Islam or not, stressing that according to Shariah, children stay with their mothers. The Supreme Court disposed of the case with the consent of the parents.

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