case laws Family Laws

P L D 20 21 Lahore 21

P L D 20 21 Lahore 21
Before Tariq Saleem Sheikh, J
MAGISTRATE 1ST CLASS and 2 others—Respondents
Writ Petition No. 13208 of 2019, decided on 9th October 2019.
Child Marriage Restraint Act (XIX of 1929)—
—-Ss. 8 & 2(b)—Validity of Nikkah/marriage where the girl had obtained puberty—Scope—Petitioner, who stated that she had contracted marriage on her own free-will, the impugned order of Magistrate whereby it was ordered that she either remain in the custody of Dar-ul-Aman or be allowed only to be handed in the 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 the consent of her Wali/ Guardian, and in such a case, the contention that such marriage/Nikkah should not be recognized under Child Marriage Restraint Act, 1929 had no force—Constitutional petition was allowed, accordingly.



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