SIVAGAMI AMMAL Vs. MUTHU AIYAR

JUDGEMENT

(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 Criminal P. C. 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/s. Kalu (1930) I.L.R. 12 Lah. 383 and The Crown V/s. 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.