Citing Islamic Law, Punjab and Haryana High Court Rules That Minor Muslim Girls Can Marry On Attaining Puberty

Punjab and Haryana high court has ruled that a minor Muslim girl who is less than 18 years of age and has attained puberty is free to marry anyone as per the Muslim Personal Law, Hindustan Times reported.

The order was passed by Justice Alka Sarin while hearing a petition moved by a Muslim couple from Punjab. The petitioners -- a 36-year-old man and 17-year-old girl -- who got married on January 21, 2021, as per Muslim ceremonies, had sought protection from the court, stating that their relatives were against their relationship.

Justice Sarin observed that the petitioners cannot be deprived of their fundamental rights because their family members were against the marriage.

The Judge cited the Article 195 of Muslim Personal Law which says that “Every Mohomedan (Muslim) of sound mind, who has attained puberty, may enter into a contract of marriage. Lunatics and minors who have not attained puberty may be validly contracted in marriage by their respective guardians. A marriage of a Mohomedan who is (of) sound mind and has attained puberty is void if it is brought about without his consent.”

The court therefore observed that the girl, being over 17 years of age was competent to enter into a contract of marriage with a person of her choice as both the petitioners are of marriageable age as per the Muslim Personal Law.

The court also directed Mohali SSP to take appropriate action to ensure the safety and security of the couple.