The Punjab and Haryana High Court has made it clear on the basis of Muslim religious books and judgments of various courts that a Muslim girl under 18 years of age is free to marry anyone under Muslim personal law. Justice Alka Sarin delivered the verdict while disposing of a plea seeking protection for a Muslim couple from Mohali.
In this case, the boy is 36 years old and the girl is 17 years old.
Both of them got married on January 21 as per Muslim customs. His family is not happy with this. He had sought protection from Mohali’s SSP on 21 January. He had to come to the High Court due to no action. The petitioner said that according to the Muslim religion, 15 years of age is considered puberty, and a girl or boy is eligible for marriage. The High Court cited Sir D. Faradunji Mulla’s book Principles of Mohammedan Law as saying that the youth is over Muslim boy or Muslim girl, he/she is free to marry whom he /she likes.
The court said that the petitioners are of marriageable age as decided by Muslim personal law. In such a situation, they do not need anyone’s consent. The petitioners have married against the wishes of their family members. But the Constitution has also given them a fundamental right, from which they cannot be denied.