Wednesday, November 29, 2023

Punjab and Haryana HC: Muslim girl can marry at 15

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A Muslim girl can marry the person of her choice when she turns 15 according to the Punjab and Haryana High Court, Law Beat reported. The Prohibition of Child Marriage Act would not be broken, the court added.

The High Court further reiterated that Muslim personal law will continue to govern Muslim girls.

A 16-year-old had asked for a release from a daycare facility so she could make amends with her 26-year-old partner. The remark was made at the habeas corpus court for a case brought by 26-year-old Javed who was protesting the confinement of his 16-year-old wife in a children’s home.

The court found that their relationship was legitimate under Islamic law and that the petitioner was the detenue’s legal guardian. Even though the detenue was a minor and under the age of 18, the petitioner’s marriage to his wife was completed of their own free will and was acknowledged as authentic because both parties were Muslims.

The single bench of Justice Vikas Bahl ordered the detainee’s release from Ashiana and custody transfer to the petitioner after evaluating the important documents, the pertinent legal reasons, and the detainee’s statement provided in accordance with Section 164 of the CrPC.

Given that both the petitioner and the detenue are Muslims, the court relied on the Yunus Khan decision in coming to the conclusion that their union is valid.

“A perusal of the above said judgement would show that a coordinate Bench of this Court in the above said judgement had observed that the marriage of a Muslim girl continues to be governed by the personal law of Muslims and has relied upon the Principles of Mohammedan Law by Sir Dinshah Fardunji Mulla, particularly Article 195 thereof, and after considering the same, it has been observed that 15 years is the age of puberty of a Muslim girl,” the court stated.

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