The Sindh Child Marriages Restraint Act, 2013

An Act to restrain the solemnization of child marriages.

WHEREAS it is expedient to restrain the solemnization o child marriages.

It is hereby enacted as follows:-

1. Short title and commencement.
(1) This Act may be called the Sindh Child Marriage Restraint Act, 2013.

(2) It shall come into force at once.

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

(a) "child” means a person male or female who under eighteen years of age;

(b) “child marriage” means a marriage to whic either of the contracting party is a child;

(c) “Code” means the Code of Criminal Procedure 1898 (No. V of 1898);

(d) “contracting party” to marriage means either o the party whose marriage is, or is about to b solemnized;

(e) “Court” means the Court of a Judicial Magistrat of First Class;

(f) “Government” means the Government of Sindh.

3. Punishment for male contracting party.
Whoever, being a male above eighteen years of age contracts a child marriage shall be punished with rigorou imprisonment which may extend to three years but shall not b less than two years and shall be liable to fine.

4. Punishment for solemnizing a child marriage.
Whoever performs, conducts, directs, brings about or i any way facilitates any child marriage shall be punished wit rigorous imprisonment which may extend to three years bu shall not be less than two years and shall also be liable to fine unless he proves that he had reason to believe that th marriage was not a child marriage.

5. Punishment for parent or guardian concerned in a child marriage.
(1) Where a parent or guardian or any other person in an capacity, lawful or unlawful, does any act to promote the child marriage or permits it to be solemnized, or fails to prevent negligently, from being solemnized, shall be punished wit rigorous imprisonment which may extend to three years bu shall not be less than two years and shall also be liable to fine.

(2) For the purposes of this section, it shall be presumed, unt contrary is proved, that where a child has been contracted into a marriage, a person having charge of such child failed t prevent the marriage from being solemnized.

6. Jurisdiction under this Act.
Notwithstanding anything contained in section 190 o the Code, no court other than the Court of a Judicia Magistrate of First Class shall take cognizance of or try an offence under this Act.

7. Power to issue injunction prohibiting marriage in contravention of this Act.
(1) Notwithstanding anything to the contrary contained i any other law, the court may, if satisfied from information laid before it through an application that a child marriage i contravention of this Act is going to be arranged or is about to be solemnized, issue an injunction prohibiting such marriage.

(2) No injunction under sub-section (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. The Court ma dispense with notice if deemed necessary.

(3) The Court may, either on its own motion or on a application of any person, rescind or alter any order mad under sub-section (1).

(4) Where an application is received, the Court shall afford an opportunity of appearing before it either in person or b pleader; and if the Court rejects the application wholly or i part, it shall record in writing its reasons for so doing.

(5) Whoever, knowing that an injunction has been issued against him under sub-section (1) of this section, disobeys suc injunction, shall be punished with imprisonment of eithe description for a term which may extend to one year or fine o with both.

8. Offence to be punishable and triable.
Notwithstanding anything contained in the Code, a offence punishable under this Act shall be cognizable, non bailable and non-compoundable.

9. Cognizance, trial and conclusion of the case.
The Court shall on taking cognizance of a case proceed with the trial and conclude the case within ninety days.

10. Rules.
Government may, by notification in the official Gazette make rules for carrying out the purposes of this Act.

11. Indemnity.
No suit, prosecution or other legal proceedings shall lie against any person in respect of anything which is in good fait done or intended to be done under this Act.

12. Removal of difficulty.
If any difficulty arises in giving effect to any of the provisions of this Act, Government may make such order, no inconsistent with the provisions of this Act, as may appear to Government to be necessary for the purpose of removing the difficulty.

13. Repeal and saving.
(1) The provisions of the Child Marriage Restraint Act, 1929 relating to the Province of Sindh are hereby repealed.

(2) Notwithstanding the repeal of the Child Marriage Restraint Act, 1929, all orders made, decisions taken, judgmen passed by any Court, shall be deemed to have been validl made, taken and passed under this Act.