Chandigarh: Receiving a request for a 17-year-old Muslim girl, who married a Hindu boy against his family and relatives, the Punjab High Court and Haryana 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.
The pair caught the danger in the hands of the family directed Malkotla SSP to protect the couple, Judge Gill observed, “The court cannot close his eyes in the fact that the Petitioner’s concern needs to be handled.
Because the applicants have married the wishes of their family members, they are not likely to be deprived of rights Basic as expected in the constitution.
“HC issued this order when he heard the petition submitted by a pair of Punjab looking for instructions to protect their lives and freedom.
The high court was told that the girl, despite a minor, and the man, who was 33 years old, was married to the wishes of the girl’s family member.
They caught the danger in the hands of the family and put the photos, prove their marriage, in the notes.
A representation on December 16, 2021, was submitted to the Malerkotla SSP for their complaints guides.
The court was told that it was the first marriage of the two applicants.
Advice for Jaspreet Applicants Singh Benipal argues that in Puberty Muslim Law and the majority are one and the same and 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.
The marriage of a Muslim girl was governed by the personal law of Muslims, he added and said that Article 195 of the principles of Mohammedan’s book by Sir Dinshah Fardunji Mulla was also reproduced in the decision.
Articles define the capacity to marry – every healthy mind mahomedan, which has reached puberty, can enter the marriage contract, the court is told.