The Punjab and Haryana High Court stated a Muslim girl is free to marry whoever she wants once she reaches puberty, while accepting the plea of a 17 year old Muslim girl and ordering the police to safeguard the Muslim girl who married a 33-year-old Hindu man against her family and relatives.
Read also- Hindutvavadis spread hatred: Rahul Gandhi
The statement was made by Justice Harnaresh Singh Gill while hearing a protection petition brought by the couple, who married according to Muslim customs.
“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 Harnaresh Singh Gill stated.
“Merely because the petitioners have got married against the wishes of their family members, they cannot possibly be deprived of the fundamental rights as envisaged in the Constitution,” added Justice Gill.
According to the Muslim Personal Law, puberty and majority are the same thing and are considered to be reached at the age of 15. Their lawyer argued that because both the wife and husband are over the age of 15, they have legitimately married each other and are seeking protection, according to the reports.
The court’s views came amid political discussion over the central government’s decision to modify the Prohibition of Child Marriage Act to make 21 the minimum age for marriage for both men and women of all religions.
Read also- Freedom of expression and to differ is the fundamental of democracy
In India, the legal marriage age is 18 for women and 21 for men for individuals who are not covered by personal laws. After opposition leaders voiced concerns, the Prohibition of Child Marriage (Amendment) Bill was referred to a parliamentary standing committee for further consideration.
