17-year-old Muslim girl has full right to marry of her choice: Punjab and Haryana High Court

India

oi-Akarsh Shukla

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Updated: Sunday, December 26, 2021, 18:52 [IST]

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New Delhi, 26 December. The minimum age for marriage of girls in the country has been reduced to 21 years, this decision of the central government was welcomed by women and many experts. Meanwhile, the Punjab and Haryana High Court has ruled in favor of a 17-year-old Muslim girl in the case. The court held that a girl who has attained puberty is free to marry any person of her choice. The court has given this order in the case of a 17-year-old Muslim girl marrying a 33-year-old man of her own free will.

Punjab and Haryana High Court said 17-year-old Muslim girl has full right to marry of her choice

Please tell that the family members of the girl had alleged that the man married their daughter by luring her. Justice Harnaresh Singh Gill made the remarks while hearing a security petition filed by a couple who got married as per Muslim customs. A media report quoted the judge’s remarks as saying that, it is clear in the law that the marriage of a Muslim girl is registered by the Muslim Personal Law. According to Article 195 of Sir Dinshah Fardunji Mulla’s book ‘Principles of Mohammedan Law’, Petitioner No. 1 (Girl), being of 17 years of age, is competent to enter into a contract of marriage with a person of his choice.

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The judge further said, the age of petitioner No. 2 (her husband) is said to be around 33 years. Thus as per Muslim Personal Law, petitioner No. 1 is of marriageable age. Justice Gill said, “Merely because the petitioners have got married against the wishes of their family members, they cannot be deprived of the fundamental rights envisaged in the Constitution.” At the same time, in their petition, the couple argued that according to Muslim Personal Law, the age of marriage and voting are the same. Muslim women are considered young from the age of 15. The couple’s counsel argued that in this case, both the wife and the husband are above 15 years of age, thus, they have legally married each other and are seeking protection.

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Punjab and Haryana High Court said 17-year-old Muslim girl has full right to marry of her choice

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