A single-judge bench of the Punjab and Haryana High Court upheld a minor’s marriage, ruling that Muslim girls can marry of their own free will at 16.
Chandigarh: Punjab and Haryana High Court declared on Monday that a Muslim girl above the age of 16 is competent to enter into a marriage contract with a person of her choosing, while protecting a Muslim couple aged 16 and 21 from their family members.
On the request of a Muslim couple from Pathankot who had petitioned the court for protection, Justice Jasjit Singh Bedi’s single-judge bench issued the judgement.
“Merely because the petitioners have got married against the wishes of their family members, they cannot possibly be deprived of their fundamental rights as envisaged in the Constitution of India,” the bench said.
The marriage of a Muslim girl is governed by the Muslim Personal Law, according to Justice Bedi, citing Islamic Sharia law.
“As per Article 195 from the book ‘Principles of Mohammedan Law’ by Sir Dinshah Fardunji Mulla, the petitioner No. 2 (girl) being over 16 years of age is competent to enter into a contract of marriage with a person of her choice. Petitioner No.1 (boy) is stated to be more than 21 years of age. Thus, both the petitioners are of marriageable age as envisaged by Muslim Personal Law,” he said.
The court stated that it “cannot turn a blind eye to the fact that the petitioners’ concerns must be addressed.” It has ordered SSP Pathankot to ensure adequate security for the couple and to take all necessary legal steps.
Their marriage was solemnised on June 8, 2022, according to the petitioners, according to Muslim rituals and customs. Their family, on the other hand, are opposed to the marriage and have allegedly threatened them for marrying without their consent.
The petitioner pair argued that in Muslim law, puberty and majority are synonymous, and that a person is presumed to have reached majority at the age of 15.
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