Punjab and Haryana High court has elevated a minor’s marriage and has stated that a Muslim girl can marry at the age of 16. The court has said that Muslim girls of similar age can marry as per their will.
Muslim Girls Can Marry At 16
A single-judge bench of Punjab and Haryana high court gave the following statement while hearing the case of giving protection to a couple aged 16 and 21. The statement was given by a single judge bench on Monday. The court ruled that a Muslim girl over 16 years of age is competent to enter into a contract of marriage with a person of her choice.
A Pathankot-based Muslim couple had approached the court regarding protection from their family members. The family was against the marriage. The order was passed by a single-judge bench of Justice Jasjit Singh Bedi.“Merely because the petitioners have got married against the wishes of their family members, they cannot possibly be deprived of their fundamental rights as envisaged in the Constitution of India,” said the bench. The court also said that the marriage rules for a Muslim girl in the country are governed by the Muslim Personal Law.
Couple To Get Police Protection
As per the court, “As per Article 195 from the book ‘Principles of Mohammedan Law’ by Sir Dinshah Fardunji Mulla, the petitioner No. 2 (girl) being over 16 years of age is competent to enter into a contract of marriage with a person of her choice. Petitioner No.1 (boy) is stated to be more than 21 years of age. Thus, both the petitioners are of marriageable age as envisaged by Muslim Personal Law,”.” cannot shut its eyes to the fact that the apprehension of the petitioners needs to be addressed”, the court further added.
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The Muslim couple said that they married as per religious rites on June 8, 2022, but their families were strictly against the marriage and threatened the couple. SSP Pathankot has been directed by the court to protect the couple.
