The Punjab and Haryana High Court has held that a minor Muslim girl who attains puberty, is free to marry anyone as per her wish in accordance with the Muslim Personal Law.
Citing Article 195 of Muslim Personal Law, the court stated, “Lunatics and minors not attaining puberty can be legitimately contracted into marriage by their respective guardians”.
As per the honorable Court – “A Muslim person having a sound mind and having attained puberty, the marriage union so made is void if it is brought about without his or her consent.”
The court further said- “puberty is presumed to be at the age of fifteen, in the absence of evidence”. This order was given by Justice Alka Sarin while hearing the petition of a Muslim couple from Punjab.
The petitioners, who is a 36-year-old man, who is married to a 17-year-old girl. They tied their knots on January 21, 2021, sought protection from the court, stating that their relatives were against their relationship, according to Muslim ceremonies.
Justice Alka Sarin held that the petitioner could not be denied the fundamental rights conferred by the Constitution even if the members of his or her family are against it.
The court also said that family members have no right to interfere as the couple got married according to Muslim personal law.
Later, the court directed SSP Mohali (SAS Nagar) to provide protection to the couple.
According to the book Principal of “Mohammedan Law by Sir Dinshah Fardunji Mulla”, petitioner number 2 (girl) being over 17 years of age was able to enter into a marriage contract with the person of her choice. The age of petitioner No. 1 (man) is stated to be over 36 years. So, both the petitioners are of marriageable age as envisaged by Muslim Personal Law.