After puberty, Muslim girl can marry without parents’ consent: Delhi HC

NEW DELHI: The Delhi high court has underlined that a lawfully married couple cannot be denied each other's company, which is the essence of marriage and the state cannot enter their private space to separate them.
Justice Jasmeet Singh was dealing with a Muslim couple who married as per religious customs in Bihar after eloping but had been forced to move the HC for protection from the hostile kin of the girl.
“It is thus clear that as per Mohammedan Law girl who had attained the age of puberty could marry without consent of her parents and had right to reside with her husband even when she was less than 18 years of age and thus otherwise minor girl,” the HC noted, while directing the authorities to ensure safety and protection of the married couple where the wife is pregnant.
The HC said the aim of the state is to protect the best interest of the female petitioner who was 15 years of age at the time of marriage and was allegedly regularly beaten up by her parents at home while being forced to marry someone else.
“If the petitioners are separated, it will only cause more trauma to the petitioner no.1 and her unborn child.”
The court also pointed out that the Pocso Act was enacted to “secure the tender age of the children and ensure they are not abused and their childhood and youth are protected against exploitation”. However, it pointed out that in the current case, there was no element of exploitation or sex on false promise of marriage. It is a case where the couple were in love, got married according to the Muslim laws, and only then had physical relationships, the HC highlighted.
It added that the status report given by the police showed that the parties were living with each other as husband and wife and didn’t have sex prior to their marriage which could attract law against child sexual abuse.