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Muslim law allows underage girls to marry upon reaching puberty: HC | India News

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CHANDIGARH: Based on the literature on Muslim marriages and various court rulings, the Punjab and Haryana High Court has held that a Muslim girl under the age of 18 who has reached puberty is free to marry anyone under the law. Muslim staff.
Referring to article 195 of Sir Dinshah Fardunji Mulla’s book “Principles of Muslim Law”, the HC observed that a Muslim girl, upon reaching puberty, was competent to enter into a marriage contract. marriage with a person of your choice.
Explaining the “ability to marry” according to Muslim personal law, Article 195 of Mulla’s book says: “Every Mohometan (Muslim) in his right mind, who has reached puberty, can enter into a marriage contract. and minors who have not reached puberty may be validly married by their respective guardians. A marriage of a Mohometan who is (in) sound mind and has reached puberty is void if done without their consent. ” According to the book, “puberty is presumed, in the absence of evidence, at the age of 15”.
Judge Alka Sarin approved this order while listening to a petition filed by a Muslim couple from Punjab. In this case, the petitioners, a 36-year-old man and a 17-year-old girl, had solemnized their marriage on January 21, 2021 according to Muslim ceremonies. It was their first marriage. They had sought instructions for the protection of the life and freedom of their relatives, who are against the relationship.
The petitioners also argued that a Muslim boy or Muslim girl who has reached puberty is free to marry whomever he wants and the guardian does not have right interfere.
After hearing her arguments, the judge observed that a Muslim girl is governed by Muslim personal law. The petitioners cannot be deprived of the fundamental rights provided for in the Constitution for the mere fact of having married against the wishes of their relatives, said the HC. He ordered the SSP of Mohali to take appropriate measures on their representation with regard to the protection of their lives and freedoms.

Times of India

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