| Citation(s) |
|---|
| 2021 SLG 105 2021 SLD 105 2021 PLD 21 |
Lahore High Court
Writ Petition No. 13208 of 2019, decision Dated: 9th October, 2019.
TARIQ SALEEM SHEIKH, JUSTICE
Malik Shaukat Mehmood Marha, Assistant Advocate General with Muhammad Asif, Law Officer, Nishtar Hospital Multan. Rana Asif Saeed for
Respondent No.3.
Writ Petition No. 13208 of 2019, decision Dated: 9th October, 2019.
TARIQ SALEEM SHEIKH, JUSTICE
Malik Shaukat Mehmood Marha, Assistant Advocate General with Muhammad Asif, Law Officer, Nishtar Hospital Multan. Rana Asif Saeed for
Respondent No.3.
MUHAMMAD KHALID
VS
MAGISTRATE 1ST CLASS AND 2 OTHERS
Law: Child Marriage Restraint Act, 1929
Section: 8,2(b)
Child Marriage Restraint Act (XIX of 1929)---
----Ss. 8 2(b)---Validity of Nikkah/marriage where girl had obtained puberty---Scope, who stated that she had contracted marriage on her own free-will, impugned order of Magistrate whereby it was ordered that she either remain in custody of Dar-ul-Aman or be allowed only to be handed in custody of her natural guardian and should not be allowed to go with her alleged husband---Validity---Medical Board constituted by Court had in its report stated that petitioner was 14/15 years of age and had obtained puberty---Girl who had attained puberty may contract marriage with a man of her choice and was not necessary for such girl to obtain consent of her Wali/ Guardian, and in such a case, contention that such marriage/Nikkah should not be recognized under Child Marriage Restraint Act, 1929 had no force---Constitutional petition was allowed, accordingly.
Muhammad Iqbal v. The State PLD 1983 FSC 9; Zarjuma alias Jamna Bibi v. Station House Officer, Police Station Saddar District Bhakkar and 4 others PLD 2009 Lah. 546; Mauj Ali v. Syed Safdar Hussain Shah and another 1970 SCMR 437; Mst. Bakhshi v. Bashir Ahmad and another PLD 1970 SC 323; Zarina Khatoon v. District Magistrate, (South), Karachi and 5 others PLD 1978 Kar. 374; Mst. Rani v. Roshan Masih and another 1986 PCr.LJ 1404 and Allah Bakhsh v. Safdar and others 2006 YLR 2936 rel.
----Ss. 8 2(b)---Validity of Nikkah/marriage where girl had obtained puberty---Scope, who stated that she had contracted marriage on her own free-will, impugned order of Magistrate whereby it was ordered that she either remain in custody of Dar-ul-Aman or be allowed only to be handed in custody of her natural guardian and should not be allowed to go with her alleged husband---Validity---Medical Board constituted by Court had in its report stated that petitioner was 14/15 years of age and had obtained puberty---Girl who had attained puberty may contract marriage with a man of her choice and was not necessary for such girl to obtain consent of her Wali/ Guardian, and in such a case, contention that such marriage/Nikkah should not be recognized under Child Marriage Restraint Act, 1929 had no force---Constitutional petition was allowed, accordingly.
Muhammad Iqbal v. The State PLD 1983 FSC 9; Zarjuma alias Jamna Bibi v. Station House Officer, Police Station Saddar District Bhakkar and 4 others PLD 2009 Lah. 546; Mauj Ali v. Syed Safdar Hussain Shah and another 1970 SCMR 437; Mst. Bakhshi v. Bashir Ahmad and another PLD 1970 SC 323; Zarina Khatoon v. District Magistrate, (South), Karachi and 5 others PLD 1978 Kar. 374; Mst. Rani v. Roshan Masih and another 1986 PCr.LJ 1404 and Allah Bakhsh v. Safdar and others 2006 YLR 2936 rel.
ORDER
TARIQ SALEEM SHEIKH, JUSTICE:---.---
Through this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the Petitioner has challenged the vires of order dated 31.7.2019 passed by Magistrate Ist Class, Multan and seeks release of his wife Mehvish Bibi from Dar-ul-Aman, Multan.
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