Punjab and Haryana High Court (File)The Punjab and Haryana High Court has held that a Muslim girl over 16 years of age is competent to enter into a contract of marriage with a person of her choice.
The bench of Justice Jasjit Singh Bedi passed the order while disposing of a protection plea of a Muslim couple wherein a 21-year-old man and a 16-year-old girl had approached the HC for protection of their life and liberty from family members.
The couple are the petitioners in the case.
According to the petitioners, they fell in love some time ago and decided to get married. Their marriage was solemnized on June 8, 2022, as per Muslim rites and ceremonies.
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The petitioner couple, through their counsel, contended that in Muslim law, puberty and majority are one and the same, and that there is a presumption that a person attains majority at the age of 15 years. They further contended that a Muslim boy or Muslim girl who has attained puberty is at liberty to marry anyone he or she likes and the guardian has no right to interfere.
Also, apprehending threat to their lives, the couple had made a representation to Senior Superintendent of Police (SSP), Pathankot, but no action has been taken so far.
Justice Bedi said, “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, the petitioner No. 2 (girl) being over 16 years of age is competent to enter into a contract of marriage with a person of her choice. Petitioner No.1 (boy) is stated to be more than 21 years of age. Thus, both the petitioners are of marriageable age as envisaged by Muslim Personal Law…”
Also holding that “the court cannot shut its eyes to the fact that the apprehension of the petitioners needs to be addressed”, the bench disposed of the petition with a direction to the SSP, Pathankot, to decide the representation of the petitioners and take necessary action as per law. “Merely because the petitioners have got married against the wishes of their family members, they cannot possibly be deprived of their fundamental rights as envisaged in the Constitution of India,” the bench said.
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