- Punjab Haryana High Court comment on Muslim girl’s marriage
- A girl free to marry someone after attaining puberty
- 17 year old girl went against family and married Hindu youth
- The court also mentioned Muslim personal law in its remarks
The Punjab and Haryana High Court has made a big comment on the marriage of a 17-year-old Muslim girl and a Hindu youth. The High Court has made it clear that after attaining puberty, a Muslim girl is free to marry anyone. In fact, the girl went against the wishes of her family and married a Hindu youth. Referring to Muslim personal law, the court said that if both the boy and the girl agree, then the family members have no right to interfere in it. Along with this, the court has ordered the police to protect the loving couple.
‘Girl eligible for marriage according to Muslim personal law’
Justice Harnaresh Singh Gill, in his remarks, said, “The law is clear that a Muslim girl can be married through a Muslim personal law. According to article-195 of Sir Dinshah Fardunji Mulla’s book Principles of Mohammedan Law, petitioner number one (a 17 year old Muslim girl) is eligible for marriage with a boy of her choice. At the same time, petitioner number two (his partner) has given a statement that he is about 33 years old. Petitioner number one (Muslim girl) is of marriageable age as per Muslim personal law.
‘Cannot deprive Fundamental Rights’
In his judgment, Justice Gill said, “The Court cannot close its eyes to the fact that it is necessary to consider the concerns of the petitioners.” The mere fact that the petitioner has gone and married against the wishes of his family does not deprive him of the fundamental rights guaranteed by the Constitution.
According to Article-195 of the Principles of Mohammedan Law, the petitioner Muslim girl is eligible for marriage. The mere fact that the petitioner has gone and married against the wishes of his family does not deprive him of the fundamental rights guaranteed by the Constitution.
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‘Youth and maturity are the same thing in Muslim law’
The counsel for the petitioner argued that according to Muslim law, youth and maturity are one and the same thing. According to this, it is believed that at the age of 15, maturity is achieved. The lawyer also said during the arguments that any Muslim boy or girl who attains puberty is free to marry anyone. His family has no right to interfere in this.
According to Muslim personal law, youth and maturity are one and the same thing. According to this, it is believed that at the age of 15, maturity is achieved.
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‘Whoever has attained puberty can marry’
The counsel for the Muslim girl told the court that Article 195 of Sir Dinshah Fardunji Mulla’s book Principles of Mohammedan Law states for marriage, “Every Muslim of sound mind who has attained puberty may marry.” ‘