Humaira Mehmood vs. The State, PLD 1999 Lah 494 (Pakistan)

Humaira Mehmood married Mehnood Butt of her free choice, but without the consent of her parents. Her family subsequently filed a case against the couple under the Zina ordinance for alleged extramarital sexual relations. This is on the basis of the supposed marriage of Humaira to another man to whom her family intended to give her, in exchange for the marriage of her brother to the man's sister. Humaira and her husband were arrested by the police, beaten and then detained.

Humaira moved to quash the criminal proceedings. In ruling in favor of the petition, the court cited Humaira's right to equality, and the constitutional mandate for the State to protect marriage and family. Moreover, as a member of the international comity of nations, Pakistan must respect the international instruments of human rights to which it is a party. Pakistan is a signatory to the Convention on the Elimination of all Forms of Discrimination against Women (CEDAW). Article 16 of the CEDAW enjoins all member States to ensure the right of women to family life based on equality with men, with the same right to enter into marriage, to freely choose a spouse, and to enter marriage only with their free and full consent.