THE CHILD MARRIAGE RESTRAINT ACT 1929

ACT NO. XIX OF 1929.

An Act to restrain the solemnisation of child marriages

[1st October, 1929]

WHEREAS it is expedient to restrain the solemnisation of child marriages ; It is

hereby enacted as follows:__
1.Short title, extent and commencement.__(1) This Act may be called the Child
Marriage Restraint Act 2[1929].
3

[(2) It extends to the whole of Pakistan and applies to all citizens of Pakistan
wherever they may be.]
(3) It shall come into force on April 1, 1930.
4

2. Definitions. In this Act, unless there is anything repugnant in the subject or

context,__

(a)

child means a person who, if a male, is under 18 years of age, and if a

female, is under 5[sixteen] years of age;

(b)

child marriage means a marriage to which either of the contracting parties is

a child;

(c)

contracting party to a marriage means either of the parties whose marriage is

6
[or is about to be] thereby solemnized; * 7

(d)

minor means a person of either sex who is under eighteen years of age [;] 8

Union Council means the Union Council or the Town Committee

constituted under the law relating to Local Government for the time being in
force.]

[(e)

For Statement of Objects and Reasons, see Gazette of India, 1927, Pt.v, p.28; for Reports of Select Committees, see ibid. 1928, Pt.v, pp.111
and 165.
The Act has been applied to phuolera in the Excluded Area of Upper tanawal to the extent the Act is applicable in the N.W.F.P.,
and exteneded to the Excluded Area of Upper Tanawal (N.W.F.P) other than phulera with effect from such date and subject to such
modifications, as may be notified, see N.W.F.P. (Upper Tanawal) (Excluded Area) Laws Regulation, 1950.
It has also been extended to the Leased Areas of Baluchistan, see the leased Areas (Laws) Order, 1950 (G.G.O.3 of 1950), and
applied in the Federated Areas of Baluchistan, see Gazette of India, 1937, Pt.I, p.1499.
2
Subs. by the Pepealing and Amending Act, 1930 (8 of 1930), s.2 and 1st Sch., for 1928
3
Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s.3 and 2nd Sch. (with effect from the 14th October,
1955), for the original sub-section (2), as amended by the Child marriage Restraint (Amdt.) Act, 1938 (7 of 1938),s.2, A.O., 1949, and the
Federal Laws (revision and Declaration )Act, 1951 (26 of 1951), s.8.
4
The Section, in so far as it appose to the Muslim citizens of Pakistan, has been amended by the Muslim Family laws Ordinance,
1961. (8 of 1961), s.12 (with effect from the 15th July, 1961).
5
Subs. by the Muslim Family laws ordinance, 1961 (8 of 1961) s.12, for Fouteen, (with effect from the 15th July, 1861).
6
Ins. by the Child Marriage Restraint (Second Amdt.) Act, 1938 (19 of 1938), s.2.
7
The words and omitted ibid, (with effect from 15th July, 1961).
8
Subs. ibid, for full-stop.
9
Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s.3 and Sch.,II, for clause (e), which was
previously amended by Ord.8 of 1961, s.12.

3.[Punishment for male audlt below twenty-one years of age marrying a child]
Omitted by the Muslim Family Laws Ordinance, 1961 (VIII of 1961), s.12.
1

4. Punishment for Male Adult above twenty-one Years of Age Marrying a Child.
Whoever, being a male above 2[eighteen] years of age, contracts a child marriage shall be
punishable with simple imprisonment which may extend to one month, or with fine which
may extend to one thousand rupees, or with both.
5. Punishment for Solemnising a Child Marriage. Whoever performs, conducts or
directs any child marriage shall be punishable with simple imprisonment which may extend
to one month, or with fine which may extend to one thousand rupees, or with both, unless he
proves that he had reason to believe that the marriage was not a child marriage.
6. Punishment for parent or guardian concerned in a child carriage.__(1) Where a
minor contracts a child marriage, any person having charge of the minor, whether as parent or
guardian or in any other capacity, lawful or unlawful, who does any act to promote the
marriage or permits it to be solemnized, or negligently fails to prevent it from being
solemnized, shall be punishable with simple imprisonment which may extend to one month,
or with fine which may extend to one thousand rupees, or with both:
Provided that no woman shall be punishable with imprisonment.
(2) For the purposes of this section, it shall be presumed, unless and until the contrary
is proved, that where a minor has contracted a child marriage, the person having charge of
such minor has negligently failed to prevent the marriage from being solemnized.
7. Imprisonment not to be awarded for offenses under section 3. Notwithstanding
anything contained in section 25 of the General Clauses Act 1897 (X of 1897), or section 64
of the Pakistan Penal Code 1860 (XLV of 1860), a Court sentencing an offender under
section 3 shall not be competent to direct that, in default of payment of the fine imposed, he
shall undergo any term of imprisonment.
8. Jurisdiction under this Act. Notwithstanding anything contained in section 190 of
the Code of Criminal Procedure 1898 (V of 1898), no Court other than that of 3* * * a
4
[Magistrate of the first class] shall take cognizance of, or try, any offense under this Act.
5

[9. Mode of Taking Cognizance of Offenses. No Court shall take cognizance of any
offense under this Act, 6[except on a complaint made by the Union Council, or if there is no
Union Council in the area, by such authority as the Provincial Government may in this behalf
prescribe and such cognizance shall in no case be taken] after the expiry of one year from the
date on which the offense is alleged to have been committed.]
1

The Section, in so far as it appose to the Muslim citizens of Pakistan, has been amended by the Muslim Family laws Ordinance, 1961. (8 of
1961), s.12 (with effect from the 15th July, 1961).
2
Subs. by Ord.8 of 1961, s.12, for Twenty-one. (with effect from 15th July,1961).
3
The words a Presidency Magistrate or omitted by A.O., 1949.
4
Subs. by the Child Marriage Restraint (Second Amdt.) Act, 1938 (19 of 1938), s.3, for District Magistrate.
5
Subs. ibid., s.4, for original s.9.
The section, in so far as it applies to the Muslim citizens of Pakistan, has been amended by the Muslim Family Laws Ordinance, 1961 (8 of
1961), s.12 (with effect from the 15th July, 1961).
4
Ins. by the Muslim Laws Ordinance, 1961 (8 of 1961), s.12, (with effect from the 15th July, 1961).

10. Preliminary inquiries into offenses under this Act. The Court taking
cognizance of an offense under this Act shall, unless it dismisses the complaint under section
203 of the Code of Criminal Procedure 1898 (V of 1898) (No V), either itself make an
inquiry under section 202 of that Code, or direct a Magistrate of the first class subordinate to
it to make such inquiry.
1

11. [Power to take security from Complainant.] Omitted, by the Muslim Family Laws
Ordinance, 1961 (VIII of 1961) s.12 (w.e.f 15th July, 1961).
2

[12. Power to Issue Injunction Prohibiting Marriage in Contravention of this

Act. (1) Notwithstanding anything to the contrary contained in this Act, the Court may, if
satisfied from information laid before it through a complaint or otherwise that a child
marriage in contravention of this Act has been arranged or is about to be solemnized, issue an
injunction against any of the persons mentioned in sections 3, 4, 5, and 6 of this Act
prohibiting such marriage.
__

(2) No injunction under subsection (1) shall be issued against any person unless the
Court has previously given notice to such person, and has afforded him an opportunity to
show cause against the issue of the injunction.
(3) The Court may either on its own motion or on the application of any person
aggrieved rescind or alter any order made under subsection (1).
(4) Where such an application is received, the Court shall afford the applicant an early
opportunity of appearing before it either in person or by pleader; and if the Court rejects the
application wholly or in part, it shall record in writing its reasons for so doing.
(5) Whoever knowing that an injunction has been issued against him under subsection
(1) of this section disobeys such injunction shall be punished with imprisonment of either
description for a term which may extend to three months, or with fine which may extend to
one thousand rupees, or with both:
Provided that no woman shall be punishable with imprisonment.]
________________________________________________________________________
1

The section, in so far as it applies to the Muslim citizens of Pakistan, has been omitted by the Muslim Family laws Ordinance, 1961 (8 of
1961), s.12 (with effect from the 15th July, 1961).
2
Subs. by the Child marriage Restraint (Second Amdt.) Act, 1938 (19 of 1938),s.5, for the original sub-section (1).