Relying on the literature on Muslim marriages and various Judgments by Courts, the High Court of Punjab & Haryana held that a Muslim girl who is less than 18 years old & has attained puberty is at liberty to marry anyone as per Muslim Personal Law.
Referring to Article 195 from the book ‘Principles of Mohammedan Law,’ by Sir Dinshah Fardunji Mulla, the High Court observed that a Muslim girl on attaining the age of puberty was competent to enter into a contract of marriage with a person of her choice.
Explaining “capacity for marriage” under the Muslim Personal Law, Article195 from Mulla’s book defines, “Every Mohomedan (Muslim) of sound mind, who has attained puberty, may enter into a contract of marriage. Lunatics & 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 & has attained puberty is void if it is brought about without his consent.”
“Puberty is presumed, in the absence of evidence, on completion of the age of fifteen years,” according to the book. Justice Alka Sarin passed this order while hearing a plea filed by a Muslim couple from Punjab. In this case, the petitioners - a 36-year-old man & a 17-year-old girl - had solemnized their marriage on Jan 21, 2021, as per Muslim rites & ceremonies. It was the first marriage for both of them. They had sought directions for protection of their life & liberty from their relatives, who are against the relationship.
The petitioners contended that in Muslim law, puberty & majority are one & the same & that there is a presumption that a person attains majority at the age of15 years. They also contended that a Muslim boy or Muslim girl who has attained puberty is at liberty to marry anyone he or she likes & the guardian has no right to interfere. The petitioners pleaded that their life & liberty are in danger from their relatives & they had also submitted a plea to the Mohali SSP to protect their life & liberty.
After hearing their contentions, the Judge observed that a Muslim girl is governed by the Muslim Personal Law.
Merely because the petitioners have got married against the wishes of their family members, they cannot possibly be deprived of the fundamental rights provided by the Constitution, contended the HC & directed the Mohali SSP to take appropriate action on their representation regarding protection to their life & liberty.
Court's observation
As per Article195 from the book ‘Principles of Mohammedan Law by Sir Dinshah Fardunji Mulla’, the petitioner No. 2 (girl) being over17 years of age was competent to enter into a contract of marriage with a person of her choice. Petitioner No1 (man) is stated to be more than 36 years of age. Thus, both the petitioners are of marriageable age as envisaged by Muslim Personal Law
Source Link
Picture Source :
