22 June 2022
Once she reaches the age of 15, Muslim girls can wed anybody they choose, according to Punjab & Haryana High Court
A Muslim girl over the age of 15 is competent to engage in a marriage with a partner of her choice, according to a recent decision by; the Punjab & Haryana High Court. When a Muslim couple requested protection for their life and freedom, Justice Jasjit Singh Bedi bench made this statement. The couple in issue was in love and had wed according to Muslim customs, but their parents disapproved of the union.
The couple presented the following arguments to the court: –
- According to one argument, under; Muslim law, puberty and the majority are the same things, hence; it is assumed that; a person reaches majority at age 15.
- Additionally, it said that; once Muslims reach adulthood, they are free to marry whoever they; choose without parental or guardian approval.
Following the hearing of the arguments, the court cited Yunus Khan against the State of Haryana, where it decided that; Muslim personal law controls a Muslim girl’s marriageable age. the Court also cited Article 195 of Sir DinshahFardunji Mulla’s book Principles of Mohammedan Law, which states that a Muslim of sound mind can marry before reaching puberty.
The court also observed that; if there is no other supporting evidence, puberty is assumed to begin at; the age of 15 in accordance with the explanation in Article 195 of that book. Referring to the current situation, the court determined that; the petitioners were of legal age to be married because the guy was reported to be over 21 years old and the girl stated; to be over 16. The court further stated that; the current petition was filed to defend the petitioners’ basic rights, rather than to determine the legitimacy of the petitioner’s marriage.
In this situation, the court ruled that; it could not remain blind to the petitioners’ fears and ordered the SSP in Pathankot to evaluate their; request for protection and, if necessary, take appropriate action.
In the case of State of Punjab Vs.GulamDeen
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