The High Court relied on a 2014 ruling by another judge of the same court in determining that a Muslim girl attaining the age of 15 is legally eligible for marriage. The court stated that “in any case, the issue at hand is not the legality of the marriage, but rather the petitioners’ fear for their lives and freedom.”
The Punjab and Haryana Court awarded protection to a 16- and 21-year-old Muslim couple who petitioned the court, claiming their “life and liberty are in grave danger” since they married against the desires of their families.
In their petition, the pair said that in Muslim law, puberty and majority are synonymous and that there is a presumption that a person attains majority at 15 years of age.
“The Court cannot close its eyes to the fact that the petitioners’ anxiety must be addressed.” The petitioners cannot be deprived of their Constitution of India-guaranteed basic rights just because petitioner No. 2 was of legal age to enter into a marriage contract with a person of her choosing, as she was at least 16 years old.
It is asserted that Petitioner No. 1 is older than 21 years old. Both petitioners are of marriageable age under Muslim Personal Law.
The ruling underlines that the issue at hand is not the legality of the marriage but rather to address the petitioners’ fear of danger to their life and liberty at the hands of the private respondents and to give them protection under Article 21 of the Indian Constitution.
It ordered the senior superintendent of police in Pathankot to be married against the preferences of their family members. ” In its decision, the single-judge bench of Justice Jasjit Singh Bedi stated.
The petition also argued that a Muslim boy or girl who has reached puberty is free to marry whoever he or she chooses and that the guardian has no authority to interfere.
The High Court’s ruling
Invoking Islamic Sharia law, Justice Bedi stated that the marriage of a Muslim female is governed by Muslim Personal Law.
According to Article 195 of the book “Principles of Mohammedan Law” by Sir Dinshah Fardunji Mulla, petitioner No. 2 (daughter) is of legal age to enter into a marriage contract with a person of her choice since she is at least 16 years old.
The alleged age of Petitioner No. 1 (male) is greater than 21 years. “According to Islamic Personal Law, both petitioners are of marriageable age,” he explained. The pair were married on June 8 according to Muslim rituals and procedures.
Similar situations in the past.
The Punjab and Haryana High Court ordered the police to provide security to a 17-year-old Muslim girl who married a Hindu guy against the desires of her family and relatives in December of last year.
In its ruling, the court stated that, as a Muslim girl, she was free to marry anybody of her choice once she reached puberty, meaning that the country’s minimum age legislation for marriage did not apply to Muslims. The court stated that the guardian lacked the authority to intervene.
