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Punjab, Haryana High Court upholds a Muslim girl’s marriage at 16

By wasmulhaq 
Updated Date

Pathankot: The Punjab and Haryana High Court on Monday gave permission to a Muslim girl over 16 years of age to get married to a person of her choice.

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The single-judge bench of Justice Jasjit Singh Bedi gave the green signal on a plea by a Pathankot-based Muslim couple who had approached the court for their protection.

“The petitioners have tied the knot against the will of their parents and family members, so perhaps they cannot be deprived of their fundamental rights as envisaged in the Constitution of India,” the bench said.

Citing Islamic Sharia rules, Justice Bedi said the marriage of a Muslim girl is administered by the Muslim Personal Law.

“According to Article 195 of Sir Dinshah Fardunji Mulla’s book ‘Principles of Mohammedan Law,’ the petitioner No. 2 (girl) can marry the person of her choice if she is over the age of 16.” Petitioner No.1 (boy) is stated to be more than 21 years of age. “Thus, both the petitioners are of marriageable age as mentioned by Muslim Personal Law,” he said.

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The court held that it “can’t shut its eyes to the fact that the apprehension of the petitioners needs to be addressed”. It has directed SSP Pathankot to provide full security to the couple and be ready to take necessary action as per the law.

As per the petitioners, they got married on June 8, 2022, according to Muslim rites and rituals. However, their families were against the marriage and were incessantly threatening them for solemnising the marriage without their consent.

The couple had made it clear that in Muslim law, puberty and majority are one and the same. It is a general perception that a person attains puberty at the age of 15 years.

 

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