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Child Marriage Restrain Act 1929 PLD 2013 Lahore 243

PLD 2013 Lahore 243 Child Marriage Restrain Act 1929

PLD 2013 Lahore 243 Child Marriage Restrain Act 1929, Section 375 Pakistan Penal Code, Ss. 2(a) & (b) Child Marriage Restrain Act 1929 Ss. 2(a) & (b) Section 491 Habeas Corpus Criminal Procedure Code 1898 – Petition for the recovery of Detenue – Rape —Marriage of Muslim girl below sixteen years of age who had otherwise attained puberty and consented to the marriage —Legality — complainant (father of alleged detenue ) filed present petition for recovery of her daughter contending that she was a minor girl and accused was subjecting her to rape – alleged detenue contended that she had attained puberty and contracted marriage with the accused out of her own free will and consent –– validity — Medical reports of alleged detenue revealed that she was between 14 and 15 years of age at the time of her marriage with the accused – medico-legal certificate available on record showed that alleged detenue had developed all physical characteristics of having attained puberty –marriage of the Muslim girl who was below 16 yeas of age, but had attained puberty and was also a consenting party to the marriage, was valid for all intent and purposes —relationship of accused with the alleged detenue could not be equated with rape in such circumstances — Alleged detenue claimed to have attained puberty and admitted her willful nikah with the accused and also deposed to accompany him — petition for recovery of alleged detenue was dismissed in circumstances.

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