Mst. SHAHIDA PARVEEN vs UNION COUNCIL JASWAL Ss — 2021 PLD 783 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2021 PLD 783 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2021
Reporter: PLD
Parties: Mst. SHAHIDA PARVEEN vs UNION COUNCIL JASWAL Ss
Subject matter: Criminal
Provisions referred to: S. 20---C; S. 9; Family Courts Act (XXXV of 1964); Criminal Procedure Code (V of 1898); Child Marriage Restraint Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Mst. SHAHIDA PARVEEN VS UNION COUNCIL JASWAL Ss. 2(a), 9 & 10---Family Courts Act (XXXV of 1964), S. 20---Criminal Procedure Code (V of 1898), Ss. 22-A & 22-B---Child marriage---Trial---Litigation between the parties was pending before the Family Court and an order was also passed in petitions filed under Ss.22-A & 22-B, Cr.P.C---Application of petitioners (minor girl and her mother) was dismissed by respondent (Chairman Union Council) after holding inquiry---Held, that the proceedings under Child Marriage Restraint Act, 1929 ('the Act 1929') were independent in nature---Pendency of any suit could not be pleaded as hurdle in the way of such proceedings---Civil and criminal proceedings could proceed side by side---Ex-officio Justice of Peace, in the present case, had dismissed petitions under Ss.22-A & 22-B, Cr.P.C on the ground that in terms of S.9 of the Act, 1929, there was a prohibition in taking cognizance of the offence under the Act, 1929, so said order could also not be an impediment in exercising constitutional petition---Even otherwise, no remedy was provided under the Act, 1929 against the order passed by the Chairman Union Council (respondent)---High Court directed the respondent (Chairman Union Council ) to proceed in terms of S.9 of the Act, 1929 against the private respondents---Constitutional petition was allowed, in circumstances.

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