December 27, 2021
Accepting the plea of a 17-year-old Muslim lady who got married to a Hindu boy against the wishes of her family and relatives, the Punjab and Haryana HC ordered the police to protect the couple. The court also created it clear that a Muslim girl on attaining puberty is at liberty to marry anyone she likes and the guardian has no right to interfere if the match is equal. “The law is obvious that the wedding of a Muslim girl is ruled by the Muslim Personal Law. As per Article 195 from the book, ‘Principles of Mohammedan Law by Sir Dinshah Fardunji Mulla’, Petitioner No.1 (girl) being seventeen years of age, is competent to enter into a contract of the wedding with a person of her choice. Petitioner No. a pair of (her partner) is declared to be 33 years old. Thus, Petitioner No. 1 is of marriageable age as envisaged by Muslim Personal Law,” observed Justice Harnaresh Singh Gill.
The court cannot close its eyes to the reality that the apprehension of the applicants must be tended to. Just since the applicants have got hitched against the wishes of their family members, they cannot possibly be deprived of the fundamental rights as conceived in the Constitution.
The guide for the petitioner contended that beneath Muslim law puberty and the majority are one and the same, which there is an assumption that a person accomplishes a lion’s share at the age of 15 a long time. The counsel too fought that a Muslim boy or Muslim girl who accomplishes adolescence is at freedom to wed anybody he or she likes and their gatekeeper has no right to interfere. He said Article 195 from the book ‘Principles of Mohammedan Law by Sir Dinshah Fardunji Mulla’ characterizes capacity for marriage — each Mahomedan of sound intellect, who has accomplished adolescence, may enter into a contract of marriage.
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