Sivagami Ammal And Ors. vs Muthu Aiyar on 22 September, 1938

ORDER

Lakshmana Rao, J.

1. Section 10 of the Child Marriage Restraint Act (XIX of 1929) provides that a Court taking cognisance of an offence under that Act should either itself make an enquiry under Section 202 of the Code of Criminal Procedure or direct a Magistrate of the First Class Subordinate to it to make such enquiry and the transfer of the case to the Sub-Divisional Magistrate for disposal according to law without any such inquiry is illegal. Vide Mangal Ram v. Kalu (1930) I.L.R. 12 Lah. 383 and The Crown v. Chand Mal (1933) I.L.R. 15 Lah. 383. The complaint is therefore transferred back to the file of the District Magistrate of Tinnevelly for disposal according to law.