A Muslim girl is free to marry anyone of her choice once she attains puberty, the Punjab and Haryana High Court has said while ordering the police to protect a 17-year-old Muslim girl who married a 33-year-old Hindu man against the wishes of her family.
Justice Harnaresh Singh Gill made the observation while hearing a protection plea filed by the couple, who married as per Muslim rituals.
“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,” a report in Times of India quoted from the judge’s observation.
“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,” Justice Gill said.
The couple’s contention was that as per the Muslim Personal Law, puberty and majority are the same and perceived to be attained at 15 years. According to a report published in LiveLaw.in, their lawyer argued that in this case, both the wife and husband are above the age of 15, thus, they have validly married each other and are seeking protection.
The court’s observations come amid political debate over the central government’s move to mandate 21 as the minimum age for marriage for both men and women across all religions by amending the Prohibition of Child Marriage Act.
At present, for those not covered by personal laws, the legal marriage age in India is 18 for women and 21 for men. The Prohibition of Child Marriage (Amendment) Bill, which proposes to make it uniform at 21, has been referred to a parliamentary standing committee after opposition leaders raised questions for re-discussion.
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