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Minor Muslim girls can marry on attaining puberty, rules Punjab and Haryana High Court
While hearing a petition moved by a Muslim couple from Punjab, the judge observed that a Muslim girl is governed by the Muslim Personal Law.
Updated : Feb 10, 2021, 08:40 PM IST | Edited by : Shampa Sen
 "Punjab and Haryana High Court order on marriage")
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Taking into account documents related to Muslim marriages and various previous decisions by courts, the Punjab and Haryana High Court has said that under Muslim Personal Law, a Muslim girl can marry any boy of her choice even if she is under the age of 18 and has attained puberty. Legally, the family cannot interfere in it.
The order was passed by Justice Alka Sarin. While hearing a petition moved by a Muslim couple from Punjab, the judge observed that a Muslim girl is governed by the Muslim Personal Law.
The Muslim couple, 36 year old man and a 17 year old woman had moved the High Court, saying they fell in love with each other and got married on January 21, this year as per Muslim customs. For both, it was their first marriage. However, both families were not happy with this relationship and they were threatening the couple.
The couple petitioned the court for protection. The family of the girl argued that the girl is a minor, hence this marriage is illegal. But it was argued by the petitioner side that both Muslim boy and girl of 15 years are eligible for marriage under Muslim personal law.
The court in its judgment referred to Article 195 of Muslim Personal Law saying that a Muslim girl on attaining the age of puberty was competent to enter into a contract of marriage with a person of her choice. While giving its verdict on the matter, the High Court cited Sir D Fardunji Mulla's book Principles of Mohammedan Law.
The court therefore observed that the girl, being over 17 years of age was competent to enter into a contract of marriage with a person of her choice as both the petitioners are of marriageable age as per the Muslim Personal Law.
Merely because the petitioners have got married against the wishes of their family members, they cannot possibly be deprived of the fundamental rights provided by the Constitution, contended the HC and directed the Mohali SSP to take appropriate action on their representation regarding protection to their life and liberty.
