Chandigarh: Receiving a request for a 17-year-old Muslim girl who married a Hindu child against the wishes of his family and relatives, Punjab and Haryana HC ordered the police to protect the couple.
The court also explained that a Muslim girl in reaching puberty was in Liberty to marry anyone she liked and Guardian had no right to disturb if the match was the same.
“The law is clear that the marriage of a Muslim girl is regulated by Muslim personal law.
In accordance with Article 195 of the book, ‘Mohammedan Law by Sir Dins Fardunji Mulla’, Petitioner No.1 (Girl) is 17 years old, competent to enter inside Marriage contract with someone from his choice.
Petitioner No.
2 (his partner) stated around 33 years.
Thus, Petitioner No.
1 is an era of marriagable estimated by Muslim personal law, “observing Judge Harnaresh Singh Gill.
Justice Gill observed, “The court cannot close his eyes in the fact that the Petitioner’s concern needs to be handled.
Only because the applicant has been married to the wishes of their family members, they cannot be deprived of basic rights as expected in the Constitution.” Advice for the Petitioner argue that in Under Puberty Muslim Law and the majority are one and the same, and that there is an assumption that someone reaches a majority at the age of 15 years.
Advice also argued that a Muslim boy or a Muslim woman who reached puberty in Liberty married anyone she liked and their guardians had no right to interfere.
He said article 195 of the principles of Mohammedan’s book by Sir Dinshah Fardunji Mulla ‘defining the capacity for marriage – every Mahomedan healthy mind, which has reached puberty, can enter the wedding contract.