Punjab Haryana Court upholds minor Muslim girl's marriage

The single-judge bench of Justice Jasjit Singh Bedi passed the judgment while giving protection to a Pathankot-based Muslim couple aged 16 and 21 years from their family members, who had sought the court's protection.

Justice Bedi, citing the Islamic Sharia rule, said that Muslim marriages are governed by the Muslim Personal Law.

He observed that the couple cannot be deprived of their fundamental rights as envisaged in the Constitution of India just because they married against the wishes of their parents.

"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,” he said, reported India Today.

The court held that it "cannot shut its eyes to the fact that the apprehension of the petitioners needs to be addressed”, the report added.

It ordered the SSP Pathankot to offer adequate protection to the couple and take necessary action in the case as per law.

In their petition, the couple has said that they were married on June 8, 2022, according to Muslim rites and ceremonies but their parents are opposed to their marriage and allegedly threatened them for tying the knot against their will.

The petitioner couple contended that as per Muslim law, puberty and majority are one and the same thing and there is a presumption that a person attains majority at the age of 15.