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On attaining puberty, Muslim girl can marry anyone by law: High Court


Chandigarh, Feb 10: The Punjab and Haryana High Court has held that a Muslim girl who is less than the age of 18 and has attained puberty is at liberty to marry anyone as per the Muslim Personal Law.

The court relied on literature of Muslim marriages and the various judgment by the courts.

Referring to Article 195 from the book, Principles of Mohammaden Law by Sir Dinshah Fardunji Mulla, the court observed that a Muslim girl on attaining the age of puberty was competent to enter into a contract of marriage with a person of her choice.

On attaining puberty, Muslim girl can marry anyone by law: High Court

"Every Mohomedan (Muslim) of sound mind, who has attained puberty, may enter into a contract of marriage. Lunatics and minors who have not attained puberty may be validly contracted in marriage by their respective guardians. A marriage of a Mohomedan who is (of) sound mind and has attained puberty is void if it is brought about without his consent," the court observed.

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The court also said that puberty is presumed in the absence of evidence on completion of the age of 15 years, according to the book. Justice Alka Sarin passed the order on a petition filed by a Muslim couple from Punjab. In the instant case, the petitioners a 36 year old man and 17 year old girl had solemnised their marriage on January 21 2021 as per Muslim rites and ceremonies. They had sought directions for protection of their life and liberty from their relatives who are against their relationship.

The petitioners contended that in Muslim law, puberty and majority are one and the same. There is a presumption that a person attains majority at the age of 15 years. The court observed that a Muslim girl is governed by the Muslim Personal Law. Merely because the petitioners have got married against the wishes of their family members, they cannot be possibly deprived of the fundamental rights provided by the Constitution, the HC said, while directing the Mohali SSP to take appropriate action on their representation regarding protection of their lie and liberties.

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