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Child Marriage Restraint Act, 1929

 

Sections

Contents

 

1

Short titled, extent and commencement

 

2

Definitions

 

3

Omitted

 

4

Punishment for male adult above eighteen years of age marrying a child

 

5

Punishment for solemnizing a child marriage

 

6

Punishment for parent or guardian concerned in a child marriage

 

7

Imprisonment not to be awarded for offence under section 3.

 

8

Jurisdiction under this Act

 

9

Mode of taking cognizance of offence

 

10

Preliminary inquiries into offences under this Act

 

11

Omitted

 

12

Power to issue injunction prohibiting marriage in contravention of this Act

 

 

CHILD MARRIAGE RESTRAINT ACT, 1929

(XIX OF 1929)

An Act to restraint

the solemnization of child marriages.

            Whereas it is expedient to restrain the solemnization of child marriages:

 

            It is hereby enacted as follows:

1.         Short titled, extent and commencement.

1)     This Act may be called the Child Marriage Restraint Act (1929).

2)     It extends to the whole of Pakistan and applies to all citizens of Pakistan wherever they may be.

3)     It shall come into force on the 1st day of April, 1929.

2.         Definitions.

    In this Act, unless there is anything repugnant in the subject or context,

 

(a)       "Child" means a person who, if a male, is under eighteen years of age, and if a female, is under sixteen years of age;

(b)       "Child marriage” means a marriage to which either of the contracting parties is a child;

(c)       “Contracting party” to a marriage means either of the parties whose marriage is or is about to be thereby solemnized;1 [and]

(d)       "Minor” means person of either sex who is under eighteen years of age2[.and]

(e)   3 [Omitted]"

 

Legal Amendments

1.      Added by Punjab Ordinance, 23 of 1971.

2.      Added by ibid

3.      Clause e omitted by Punjab Ordinance, 23 of 1971.

 

3          [Omitted]

Legal Amendments

1.      S.3 Omitted by Muslim Family Laws Ordinance, 1961 (VIII of 1961 S. 12 (w.e.f. 15.07.1961).

 

        4.         Punishment for male adult above eighteen years of age marrying a child.

Whoever, being a male above eighteen years of age, contracts child marriage shall be punishable with simple imprisonment which may extend to one month, or with fine which may extend to one thousand rupees, or with both.

    

    5.         Punishment for solemnizing a child marriage.

Whoever performs, conducts or directs any child marriage shall be punishable with simple imprisonment which may extend to one month, or with fine which may extend to one thousand rupees, or with both, unless he proves that he had reason to believe that the marriage was not a child marriage.

 

Court Decisions

Provision wide enough to cover fathers of both bridegroom and bride.  P L D 1964 Dacca 630    158 I C L C107 ref.

Mere contravention of such provision-Conviction under Ss. 4 & 5 however, in revisional proceedings, cannot be held illegal unless prejudice thereby caused to accused. Criminal Procedure Code (V of 1898), S. 439.  P L D 1964 Dacca 630   A I R 1939 Pat. 525 rel.

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