A Muslim girl is free to marry any man of her choice after attaining puberty, the Punjab and Haryana High Court has said while ordering the police to protect a 17-year-old Muslim girl, who married a 33-year-old Hindu man. was married to. wish of his family.
Justice Harnaresh Singh Gill made the observation while hearing a security petition filed by a couple who got married as per Muslim customs.
“The law is clear that the marriage of a Muslim girl is governed by the Muslim Personal Law. According to Article 195 of the book, ‘Principles of Mohammedan Law by Sir Dinshah Fardunji Mulla’, the petitioner No. 1 (the girl), being of 17 years of age, is competent to enter into a contract of marriage with a person of her choice. The age of petitioner number 2 (his companion) is said to be around 33 years. Thus, petitioner No. 1 is of marriageable age as envisaged by Muslim Personal Law,” a report times of India Excerpted from the judge’s observation.
“Simply because the petitioners have got married against the wishes of their family members, they cannot be deprived of the fundamental rights envisaged in the Constitution,” Justice Gill said.
The couple argued that according to Muslim Personal Law, puberty and majority are equal and believed to be achieved at 15 years. According to a report published in live login, his counsel argued that in this case, both the wife and the husband are above 15 years of age, thus, they have legally married each other and are seeking protection.
The court’s observations come amid a political debate over the Centre’s move to make 21 years as a minimum age for marriage for both men and women in all religions by amending the Prohibition of Child Marriage Act.
Currently, the legal age of marriage in India is 18 for women and 21 for men, for those not covered by personal laws. The Prohibition of Child Marriage (Amendment) Bill, which proposes to make it equal to the age of 21, has been referred to a parliamentary standing committee after opposition leaders raised the question for discussion again.
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