Muslim Girls Can Marry Any Person Of Choice On Attaining Puberty: Court

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Muslim Girls Can Marry Any Person Of Choice On Attaining Puberty: Court

A Muslim woman is ruled by the Muslim Private Regulation, the court docket mentioned (Representational)

Chandigarh:

The Punjab and Haryana Excessive Courtroom has held {that a} Muslim woman who’s lower than 18 years previous however has attained puberty is free to marry anybody as per the Muslim Private Regulation.

A bench of Justice Alka Sarin gave the decision counting on varied court docket rulings and the article 195 in “Rules of Mohammedan Regulation”, an authoritative textbook by outstanding Muslim private regulation jurist Sir Dinshah Fardunji Mulla.

Quoting provisions of article 195 in Mr Mulla’s authoritative treatise on Muslim private legal guidelines, the bench noticed {that a} Muslim woman on attaining the age of puberty is competent to enter right into a contract of marriage with an individual of her selection.

Article 195 within the e-book explains the “capability (eligibility) for marriage” beneath the Muslim Private Regulation, the bench identified, including that “as per this provision, each Mahomedan (Muslim) of sound thoughts, who has attained puberty, could enter right into a contract of marriage”.

Within the absence of proof, a Muslim woman is presumed to have attained puberty on finishing the age of fifteen years, the bench mentioned, quoting the provisions of article 195.

“Lunatics and minors who haven’t attained puberty could also be validly contracted in marriage by their respective guardians,” the bench additional elaborated.

“The bench mentioned the wedding of a Mahomedan, who has a sound thoughts and has attained puberty, is void if it has been caused with out his consent,” it added.

Justice Sarin gave the ruling on January 25 on a plea by a Muslim couple, in search of safety of their life and liberty from their respective households, who have been towards the wedding as a result of age distinction between the 36-year-old man and the 17-year-old woman.

The couple advised the court docket that they fell in love about two years in the past and solemnised their marriage on January 21 this yr, as per the Muslim rites.

The counsel for petitioners argued that “in Muslim regulation, puberty and majority are one and the identical factor and that there’s a presumption that an individual attains majority on the age of 15 years”.

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The counsel additional argued that “a Muslim boy or Muslim woman who has attained puberty is at liberty to marry anybody she or he likes and the guardian has no proper to intervene”.

The petitioners additionally alleged within the court docket that their life and liberty are in “grave hazard” from their kinfolk as a result of which they’ve additionally sought safety from Mohali’s senior superintendent of police.

The decide after the listening to mentioned the court docket has taken word of the judgements cited on behalf of the petitioners and likewise the truth that the woman within the case is older than 17 years.

The decide additional mentioned the wedding of a Muslim woman is ruled by the Muslim Private Regulation.

Each the petitioners are of marriageable age as envisaged by the Muslim Private Regulation, the court docket mentioned.

“In any occasion, the difficulty in hand isn’t with regard to the validity of the wedding however to deal with the apprehension raised by the petitioners of hazard to their life and liberty by the hands of personal respondents (their kinfolk) and to offer them safety as envisaged beneath Article 21 of the Structure of India,” the decide mentioned.

Article 21 of the Structure offers for the safety of life and private liberty and lays down that no individual shall be disadvantaged of his or her life and private liberty besides as per the process established by regulation.

“The Courtroom can not shut its eyes to the truth that the apprehension of petitioners must be addressed. Merely as a result of the petitioners have gotten married towards the desires of their relations, they can not probably be disadvantaged of the basic rights as envisaged within the Structure of India,” the decide noticed whereas directing Mohali senior superintendent of police to take crucial motion as per regulation concerning safety to their life and liberty.

(Apart from the headline, this story has not been edited by NDTV workers and is printed from a syndicated feed.)