Citation Name: 2024 PCrLJ 2058 LAHORE-HIGH-COURT-LAHOREBookmark this Case Nasreen Bibi vs Station House Office

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Citation Name: 2024 PCrLJ 2058 LAHORE-HIGH-COURT-LAHOREBookmark this Case Nasreen Bibi VS Station House Officer Ss.19 & 60---Constitution of Pakistan, Art.199---Habeas corpus petition---Recovery of detenu---Minor Christian girl---Petitioner sought recovery of her daughter from the illegal confinement of respondent---Petitioner alleged that respondent abducted her 13-year old daughter with the help of his cohorts and forcibly married her; that said marriage was void as it was not performed in accordance with the mandatory procedure prescribed by the Christian Marriage Act, 1872; that daughter of petitioner was a minor, and her father's consent was not obtained as required under S.19 of the Act---Validity---Minimum age for a native Christian man to enter into a marriage is 16 years and for a woman 13 years in terms of S.60 of the Christian Marriage Act, 1872 ---Consent requirement under S.19 is within the age bracket of 16 to 18 and 13 to 18 years respectively---Marriage could be solemnized in the presence of a person licensed under S.9 in the presence of at least two credible witnesses without the preliminary notice required under Part III---Christian Marriage Act does not expressly prohibit the marriage of a minor if it is compliant with S.5 (persons by whom marriage is solemnized) and does not violate S.88 (non-validation of marriages within prohibited degrees)---Birth certificate of daughter of petitioner submitted by her reflected that she was more than 13 years and 04 months at the time of her marriage---On 30.6.2021, daughter of petitioner had recorded her statement under S.164, Cr.P.C. before the Magistrate, claiming that respondent did not abduct her and she married him of her own volition---Thus, her marriage was not vitiated for lack of consent under S.19 of the Christian Marriage Act---Child Marriage Restraint Act, 1929, prohibited and criminalized child marriage in Pakistan---However, the husband or other persons who helped to solemnize the marriage could be charged with the crime but the marriage itself would not be void if a girl under the age of 16 married in violation of the Child Marriage Restraint Act, 1929---In the present case, the petitioner had made only a bald statement that the marriage between respondent and her daughter was void on the ground of consanguinity and affinity but had not furnished any details---Petitioner had also not appended any document with her petition to substantiate it---Even otherwise, since respondent had controverted the petitioner's contention, a factual inquiry was required to determine the truth which could not be conducted by the High Court while exercising jurisdiction under Art.199 of the Constitution---Petition was dismissed accordingly.

Citation Name: 2024 PCrLJ 2058 LAHORE-HIGH-COURT-LAHOREBookmark this Case Nasreen Bibi vs Station House Officer Ss — 2024 PCrLJ 2058 LAHORE-HIGH-COURT-LAHORE

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