NORTH-WEST FRONTIER 1[.. ..] PREVENTION OF HINDUS BIGAMOUS MARRIAGES ACT, 1946. (ACT IV OF 1947).

THE   NORTH-WEST FRONTIER 1[.. ..] PREVENTION OF
HINDUS BIGAMOUS MARRIAGES ACT, 1946.
(ACT IV OF 1947).

(Received the assent of the Governor-General on the 
(6th March, 1947).
An Act, 
to provide for the prevention of bigamous marriages among Hindu

Preamble.

WHEREAS it is expedient to provide for the prevention of marriage among Hindus, it is hereby enacted as follows: —

Short title, extent and commencement.

1.    (1) This Act may be  called the North- West Frontier 1[. ...... .] Prevention of Hindus Bigamous Marriages Act, 1946.

(2) It extends to the whole of the 2[North-West  Frontier]  1[………..].
(3) It shall come into force at once.

Application of Act.

2.    The provisions of this Act shall apply to Hindus only.

Definitions.

3.    In this Act, unless there is anything repugnant in the subject or context —

(1)   "bigamous marriage" means the marriage of a person during the life time of his or her spouse, if the marriage of such person with such spouse has not been dissolved or declared void by a court of competent jurisdiction, or is not void according to the custom or usage of the community to which either of the parties to such marriage belongs;
(2) "Minor" means   any person who is under sixteen years of age.

Bigamous marriages to be void.

4.    Notwithstanding any law, custom    or   usage to    the contrary, a bigamous marriage shall be void: —

(a)   if it is contracted   in 2 [North- West Frontier] after the coming into force of this Act;

1.   Omitted by W. P. Laws (Adaptation) Order, 1964, Part. III.

2.   Now to be construed as referring to the districts of Bannu, Dora Ismail Khan, Hazara, Kohat, Mardan and Peshawar V W. P. Act XVI of 1957, S. 3 (1) Sch. I.
BIGAMOUS MARRIAGES ACT, 1946.

(b)   if it is contracted beyond the limits of [North-West Frontier] after the coming into force of this Act and either or both the contracting parties to such marriage are domiciled in 1[North -West Frontier].

5. Notwithstanding any law, custom or usage to the con­trary, whoever not being a minor contract a bigamous marriage which is void under Section 4 shall be deemed to have committed an offence under Section 494 of the 2[Pakistan Penal Code I860].	Penalty for bigamous marriage.
6. Whoever performs, conducts or abets any bigamous marriage in 3(North-West Frontier) shall, on conviction, be punishable with imprisonment of either description for a term which may extend to six months or with fine or with both, unless he proves that he had reason to believe that the marriage was not a bigamous marriage.	Penalty for solemnizing bigamous marriage.
7. (1) When a minor contracts a bigamous marriage which is void under Section 4, any person having charge of the minor, whether as parent or guardian or in any other capacity, lawful or otherwise, who does any act to promote the marriage, or permits it to be solemnised or negligently fails to prevent it from being solemnised shall, on conviction, be punishable with imprisonment of either description for a term which may extend to six months or with fine or with both.	Penalty for person having charge of minor concerned in bigamous marriage.

(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 bigamous marriage which is void under Section 4, the person having charge of such minor, whether as parent or guardian, or in any other capacity, lawful or otherwise, has negli­gently failed to prevent the marriage from being solemnised.

8. Notwithstanding anything contained in Section 190 of the Code of Criminal Procedure, 1898, no court other than that of a District Magistrate or a Magistrate of the First Class shall take cognizance of or try any offence punishable under Section 6 or 7 of this Act.	Jurisdiction under Act.
9.    Offences under this Act shall be cognizable.	Offense under this Act to be cognizable.

1.       Omitted by W. P. laws (Adaptation) order, 1964, Part-Ill.                                        .
2.       Substituted by Act No. XLV of 1960.

3.       Now to be construed as referring to the districts of Bannu, Dera Ismail Khan, Hazara, Kohat, Mardan and Peshawar vide W. P. Act XVI of 1957, S. 3 (i) and Schedule T.