edited by: Pathikrit Sen Gupta
Last Update: February 07, 2023, 01:59 IST
Supreme Court of India. (File photo/Shutterstock)
In the impugned order of the High Court, it was observed that merely because the petitioners had married against the will of their family members, they could not possibly be deprived of the fundamental rights envisaged in the Constitution of India.
The Supreme Court on Monday issued notice on an appeal filed by the National Commission for Protection of Child Rights (NCPCR) challenging a recent judgment of the Punjab and Haryana High Court which held that a Muslim girl once entered into a valid marriage Can puberty.
Since the matter was withdrawn after 4 pm due to paucity of time, SFG Tushar Mehta informed the bench led by CJI DY Chandrachud that the matter required a proper hearing.
On this, the bench of Justice Pardiwala and Justice PS Narasimha also ordered that the matter be posted for March on a non-miscellaneous day.
“Issue notice, make it returnable in March. Keep it on non-miscellaneous day,” the bench said.
In October last year, a division bench of Justices SK Kaul and AS Oka agreed to consider whether a Muslim girl can enter into a valid marriage after attaining the age of puberty.
Justice Jasjit Singh Bedi of the Punjab High Court, while providing protection to a 16-year-old Muslim girl who married a 21-year-old Muslim man against the wishes of her family, observed that the marriage of a Muslim girl is governed by a Muslim personal. law and the girl, being over 16 years of age, was competent to enter into a contract of marriage with a person of her choice.
Solicitor General Tushar Mehta, appearing for NCPCR, had told the top court that he wanted to draw its attention to the violation of penal provisions under the POCSO Act and other relevant laws.
“I am not against the security given to the girl. But stay that part of the order,” SG Mehta urged the bench.
He also referred to a recent judgment of the Delhi High Court which held that under Muslim law a young girl who has attained puberty has the right to marry without parental approval and to marry her husband. Has the right to live with, even if he is 18 years of age.
After discussing among themselves, the judges of the division bench of the apex court said that the issue needed to be considered. Accordingly, the bench appointed senior advocate Rajasekhara Rao as amicus curiae in the matter.
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