Nishka Srinivas Veluvali
Published On: December 28, 2021 at 09:40 IST
Muslim girl has complete freedom to marry anyone of her choice after she acquires puberty, said the Punjab and Haryana High Court while hearing the Plea of 17-year old Muslim girl seeking police protection.
The 17 year-old Muslim girl had married 33 year old Hindu man in a Hindu temple against her family wishes.
Justice Harnaresh Singh Gill made the notes while hearing the protection Plea filed by the couple who got married according to the Muslim rituals.
Justice Gill stated that, “The law 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’, Petitioner No.1 (girl) being 17 years of age, is competent to enter into a contract of marriage with a person of her choice. Petitioner No. 2 (her partner) is stated to be about 33 years old. Thus, Petitioner No. 1 is of marriageable age as envisaged by Muslim Personal Law.”
Justice Gill also asserted that they cannot sabotage the girl’s fundamental rights just because of the fact that she married going against her family’s wishes.
The Couple informed the Court that according to the Muslim personal Law puberty and majority are the same and they are perceived by the age of 15 years.
The Court stated that as per this condition, both the husband and wife are above 15 years and thus are validly and legally married and are requesting protection.
The Court also contended that the Muslims do not fall into the cadre of the minimum age for marriage and further added that no guardian has any right to interfere in their marriage.