The Punjab and Haryana High Court has held that a Muslim girl who is less than 18 years old but has attained puberty is free to marry anyone as per the Muslim Personal Law. A bench of Justice Alka Sarin gave the verdict relying on various court rulings and the article 195 in ‘Principles of Mohammedan Law’, an authoritative textbook by prominent Muslim personal law jurist Sir Dinshah Fardunji Mulla.
Relying on documents relating to Muslim marriages and various judgments by the courts, the Punjab and Haryana High Court has cited Article 195 from the book ‘Principles of Mohammedan Law’ by Sir Dinesh Fardunji Mulla. The High Court felt that upon attaining the age of puberty, a Muslim girl is free to marry a man of her choice.
Explaining the “potential of marriage” under Muslim Personal Law, Article 195 in Mulla’s book states, “Every Muslim with a mature mind who has attained puberty can contract marriage.” Minors who have not attained puberty can be validly contracted in marriage by their parents.” According to the book, “On completion of fifteen years of age, youth is considered to be complete due to lack of evidence.”
Justice Alka Sarin gave this order while hearing the petition of a Muslim couple from Punjab. The 36-year-old man and a 17-year-old girl announced their marriage as per Muslim rites and ceremonies on January 21, 2021. This was the first marriage of the two. They sought directions for the safety of their lives and freedom from their relatives. Because family members and relatives are against the relationship.
The petitioners argued that youth and maturity are the same in Muslim law. It is estimated that a person attains maturity at the age of 15. They also argued that a Muslim boy or Muslim girl who has attained puberty is free to marry anyone. The guardian has no right to interfere. The petitioners argued that their life and liberty were in danger due to their relatives. They have requested the Mohali SSP to protect them.
After hearing the talk, the judge observed that the Muslim girl is governed by Muslim Personal Law. Merely because the petitioners have married against the wishes of their family members, they cannot be deprived of the fundamental rights provided by the Constitution. The High Court defended and directed the Mohali SSP to take appropriate action regarding the safety of their life.
