The Punjab & Haryana HC recently comprising of a bench of Justice Sudip Ahluwalia while dealing with a criminal Writ Petition filed under Article 226/227 of the Constitution of India for issuing a writ in the nature of mandamus directing respondent, specifically the State authorities to protect the life and liberty of the petitioners at the hands of other private respondents observed that no impeding right of the guardian to interfere if marriage is in conformity with the Personal Laws. (Aasma v. State of Haryana)
Facts of the case
In the present case, both the petitioners are Muslims by religion and they fell in love and decided to perform Nikah. The date of birth of petitioner No.1 is 27.07.2004 and that of petitioner No.2 is 13.09.1996 as per their Aadhar Cards, respectively. Both the petitioners have solemnized their Nikah on 21.01.2021 as per Muslim rites and ceremonies.
This Criminal Writ Petition under Article 226/227 of the Constitution of India was filed for issuing a writ in the nature of mandamus directing respondent Nos.2 and 3 to protect the life and liberty of the petitioners at the hands of private respondent Nos.4 to 6.
Contention of the Parties
The
Petitioner contended that this was the first marriage of both the
petitioners. He has relied upon the decisions by this Court in “ Kammu vs. State of Haryana & Ors.” [2010(4) RCR (Civil) 716]; “Yunus Khan vs. State of Haryana & Ors.” [2014(3) RCR (Criminal) 518] and “Mohd. Samim vs. State of Haryana & Ors.” [2019 (1) RCR (Criminal) 685]
and contended that in Muslim law puberty and majority are one and the
same and that there is a presumption that a person attains majority at
the age of 15 years. It is 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.
Courts Observation & Judgment
The bench noted that 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’, petitioner No.1 being over 16 years of age was competent to enter into a contract of marriage with a person of her choice. Petitioner No.1 is stated to be more than 36 years of age. Thus, both the petitioners are of marriageable age as envisaged by Muslim Personal Law. In any event, the issue in hand is not with regard to the validity of the marriage but to address the apprehension raised by the petitioners of danger to their life and liberty at the hands of the private respondents and to provide them protection as envisaged under Article 21 of the Constitution of India. Article 21 of the Constitution of India provides for the protection of life and personal liberty and further lays down that no person shall be deprived of his or her life and personal liberty except as per the procedure established by law.
The Court opined that it cannot shut its eyes to the fact that the apprehension of the petitioners needs to be addressed. Merely because the petitioners have got married against the wishes of their family members, they cannot possibly be deprived of the fundamental rights as envisaged in the Constitution of India.
The court disposing of the petition remarked, “In view of the above discussion and without expressing any opinion with regard to the veracity of the contents of the petition and the submissions made by learned counsel for the petitioners, the present petition is disposed off with a direction to the Superintendent of Police, Yamuna Nagar, District Yamuna Nagar (Haryana) (respondent No.2) to decide the representation of the petitioners dated 01.02.2021 (Annexure P-5) and take necessary action as per law.
This order would not ipso facto amount to grant any seal of approval on the legality of petitioners' mn commission of any cognizable offence(s). The petition is disposed off with the above direction.”
Read Judgment;
SOURCE ; .latestlaws.com
Social media is bold.
Social media is young.
Social media raises questions.
Social media is not satisfied with an answer.
Social media looks at the big picture.
Social media is interested in every detail.
social media is curious.
Social media is free.
Social media is irreplaceable.
But never irrelevant.
Social media is you.
(With input from news agency language)
If you like this story, share it with a friend!
We are a non-profit organization. Help us financially to keep our journalism free from government and corporate pressure
0 Comments