HC: Nothing illegal in a 17 years old Teenaged Muslim Girl Marrying a Hindu Boy of her choice, Read Order

  

Allowing a writ seeking Police Protection, the Punjab And Haryana High Court held that there is no illegality in a Muslim Girl (17 years old) marrying as per her choice.

The-single Judge Bench of Justice Harnaresh Singh Gill noted that as per Muslim Law, the girl is ompetent to enter into a contract of marriage with a person of her choice.

The Counsel for the petitioner had 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.

"As per the text Book of Mohammedan Law by Aqil Ahmad, “Puberty and majority” in the Muslim law, are one and the same. The presumption is that a person attains majority at the age of 15 years. It should be noted that marriage of a minor without the consent of the guardian is invalid unless it is ratified after the attainment of majority. A boy or girl who has attained puberty is at liberty to marry any one he or she likes and the guardian has no right to interfere if the match be equal."

 He cited many SC Rulings in this regard, and also contended that it is only the first marriage of the Hindu Boy.

The Court agreed with the contentions and noted:

" In view of the decisions cited above, the law 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 17 years of age, is competent to enter into a contract of marriage with a person of her choice. Petitioner No.2 is stated to be about 33 years of age. Thus, petitioner No.1 is of marriageable age as envisaged by Muslim Personal Law," 

The writ was thus allowe accordingly

Read Order Here:

 

 

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