Muslim girl free to marry on attaining puberty: HC

Ajay.Sura@timesgroup.com

Chandigarh:26.12.2021

Accepting the plea of a 17-year-old Muslim girl who got married to a Hindu boy against the wishes of her family and relatives, the Punjab and Haryana HC ordered the police to protect the couple. The court also made it clear that a Muslim girl on attaining puberty is at liberty to marry anyone she likes and the guardian has no right to interfere if the match is equal.

“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,” observed Justice Harnaresh Singh Gill.

Justice Gill observed, “The court cannot shut its eyes to the fact that the apprehension of the petitioners needs to be addressed. 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.”

The counsel for the petitioner contended that under 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. The counsel also contended that a Muslim boy or Muslim girl who attains puberty is at liberty to marry anyone he or she likes and their guardian has no right to interfere.

He said Article 195 from the book ‘Principles of Mohammedan Law by Sir Dinshah Fardunji Mulla’ defines capacity for marriage — every Mahomedan of sound mind, who has attained puberty, may enter into a contract of marriage.

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 (boy) is stated to be about 33 years of age. Thus, petitioner No. 1 is of marriageable age as envisaged by Muslim Personal Law

Justice Harnaresh Singh Gill