Punjab And Haryana HC Upholds Marriage Of Minor Muslim Girls Citing Islamic Sharia Rule, Rules They Are Competent Marry At Age Of 15

The Punjab and Haryana High Court has last week held that a Muslim girl over 15 years of age is competent to enter into a contract of marriage with a person of her choice.

The single bench comprising of Justice Jasjit Singh Bedi passed the order while disposing of a protection plea of a Muslim couple wherein a 21-year-old man and a 16-year-old girl had approached the HC for protection of their life and liberty from family members. The Muslim couple fell in love and married each other as per Muslim rites and ceremonies.

The petitioner couple, through their counsel Sanjeev Kumar, contended that in Muslim law, puberty and attaining the age of a major are one and the same, and that there is a presumption that a person turns major at the age of 15 years. They further contended that a Muslim boy or Muslim girl who has attained puberty is at liberty to marry anyone he or she likes and the guardian has no right to interfere.

“The law, as laid down in various judgments cited above, is clear that the marriage of a Muslim girl is governed by the Muslim Personal Law. As per Article 195 from the book ‘Principles of Mohammedan Law by Sir Dinshah Fardunji Mulla’, the petitioner No.2 being over 16 years of age was competent to enter into a contract of marriage with a person of her choice”, the single-judge judged said in this judgement.