Delhi HC: Under Muslim Law, Minor Girl can Marry Without Parents’ Consent on Attaining Puberty

Delhi High Court Law Insider

Debangana Ray

Published on August 23, 2022 at 23:10 IST

The Delhi HC observed that, as per Muslim law, a minor girl who has attained puberty has the right to marry even without the permission of her parents and to reside with her husband even though she is less than 18 years of age.

Justice Jasmeet Singh made the aforesaid observation while granting protection to a Muslim couple, ensuring nobody separates them.

The parents were against the marriage and filed an FIR under Section 363 of the IPC, Section 376 and POCSO Section 6 against the husband.

The girl, however, married out of free will in order to elope her abusive parents. She was only 15 years old at the time of her marriage.

The court granting protection to the couple stated,

“It is thus clear that as per Mohammedan Law girl who had attained the age of puberty could marry without consent of her parents and had right to reside with her husband even when she was less than 18 years of age and thus otherwise minor girl.”

The POCSO act will not be attracted in the present case.

Therefore, a couple who are lawfully wedded cannot be denied each other’s company. It is the girl’s choice to be in the company of her Husband.

Related Post