AGENCIES / CHANDIGARH
The Punjab and Haryana High Court has said that a minor Muslim girl who has attained puberty was at liberty to marry anyone as per the Muslim Personal Law.
Referring to Article 195 of Muslim Personal Law, the court said, “Lunatics and minors who have not attained puberty may be validly contracted in marriage by their respective guardians. Marriage of a Muslim having a sound mind and who has attained puberty is void if it is brought about without his or her consent.”
The court further said that “puberty is presumed, in the absence of evidence, on completion of the age of 15 years”.
The order was passed by Justice Alka Sarin while hearing a petition moved by a Muslim couple from Punjab. The petitioners — a 36-year-old man and 17-year-old girl — who got married on January 21, 2021, as per Muslim ceremonies, had sought protection from the court, stating that their relatives were against their relationship.
A Muslim couple, the man of 36 years old and the woman 17, had moved the High Court, saying they fell in love with each other and married each other on January 21 this year as per Muslim customs. This was their first marriage. But their 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, so 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.
While giving its verdict on the matter, the High Court cited Sir D. Fardunji Mulla’s book Principles of Mohammedan Law. The court said Muslim men and women are free to marry any person of their choice after attaining puberty, they do not need to take permission from anyone. This has been decided by Muslim personal law itself.