Aastha Thakur
Published on: October 29, 2022 at 17:48 IST
The Punjab and Haryana High Court in a case ruled that after attainment of 15 years, a Muslim girl can marry a person of her choice and such marriage would not be void under the Prohibition of Child Marriage (PCM) Act [Javed v State of Haryana].
The observation was made by Justice Vikas Bahl while allowing a plea filed by a 16-year-old girl’s husband who sought court directions to return his wife, who is at present residing in a child care agency. The husband claimed that she was 16 years old during the time of marriage and she got married with her own free consent.
The Court also took consideration of the Muslim girl’s statement. According to her, she left her parental home to marry the petitioner and she wants to live with him. She also added that her family members had forcefully engaged her with her maternal uncle.
Keeping this relevant material facts and submissions, the Court noted that both of them belong to Muslim religion and completed Nikah in a mosque.
As coordinate bench in the case of Yunus Khan v. State of Haryana held that a Muslim girl continues to be governed by Muslim personal law. Adding that Muslim girl who has attained the 15 years of age (presumed to be age of women attaining puberty according to Muslim Law) is free to marry a person of her choice.
The Judge said that, “The law laid down in the above said judgment would apply to the facts of the present case,”
Hence, the court directed the care agency to handover the girl’s custody to her husband.
It is important to mention, the similar case of the HC which is contested before the Supreme Court by the National Commission for the Protection of Child Rights (NCPCR). The issue raised before is regarding the age of a girl said to be competent enough to enter into a contract of marriage with the person of her choice.
The NCPCR, in its appeal, claims such ruling in contravention of the PCM Act and the Protection of Children from Sexual Offences Act 2012 (POCSO Act) as it effectively allowed child marriage and sexual intercourse with children.
The Supreme Court has listed the matter on November 7.
