Muslim girls over 15 years of age can marry person of their choice: Punjab HC
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Chandigarh: The Punjab and Haryana High Court ruled on Monday that a Muslim girl over 15 years of age is competent to enter into a contract of marriage with a person of her choice under Muslim Personal Law.
As per a Live Law report, the single-judge bench of Justice Jasjit Singh Bedi passed the order on a plea by a Pathankot-based Muslim couple aged 16 and 21 years who had approached the court for protection.
The bench noted that the couple cannot possibly be deprived of their fundamental rights as envisaged in the Constitution of India, merely because the petitioners have got married against the wishes of their family members.
"The law, as laid down in various judgments cited above, is clear that the marriage of a Muslim girl is governed by the Muslim Personal Law. As per Article 195 from the book 'Principles of Mohammedan Law by Sir Dinshah Fardunji Mulla', the petitioner No.2 being over 16 years of age was competent to enter into a contract of marriage with a person of her choice", the single-judge judged said in this judgement.
As per reports, the Muslim couple fell in love and married each other as per Muslim rites and ceremonies.
The petitioner couple, through their counsel Sanjeev Kumar, contended that in Muslim law, puberty and attaining the age of a major are one and the same and that there is a presumption that a person turns major at the age of 15 years. They further contended that a Muslim boy or Muslim girl who has attained puberty is at liberty to marry anyone he or she likes and the guardian has no right to interfere.
The counsel for the petitioners cited various rulings of the Punjab & Haryana High Court in this regard including the ruling in the case of Yunus Khan vs. State of Haryana & Ors.' [2014(3) RCR (Criminal) 518.
It was their further plea that their life and liberty are in grave danger and even though they moved a representation to the Senior Superintendent of Police, Pathankot, however, no action has been taken thereon.
In India, the legal age of marriage is 18 years for girls and 21 years for boys. This is governed by the Special Marriage Act, of 1954, and the Prohibition of Child Marriage Act, of 2006.
However, under Muslim law, marriage or Nikah is a contract. The Muslim law recognizes the right of adults to marry by their own free will.