Muslim girl of more than 15 years is allowed to marry a person of their choice; Habeas Corpus writ allowed: Punjab and Haryana High Court

The Punjab and Haryana High Court recently observed that Muslim girls of 15 years or more are allowed to marry the person of the choice of their free will and consent and marriage will be governed under Mohammedan Law. This was seen in the case of Javed Vs. State of Haryana and others (CRWP-7426-2022) and the case was presided over by Hon’ble Mr. Justice Vikas Bahl.


The Petitioner, Javed is 26 years old and the Muslim girl is of 16 years of age. She ran from her house with the present petitioner out of her own will as the detenue is fond of the petitioner and wishes to marry him. It is further submitted that both the petitioner and the detenue belong to the Muslim religion and they performed Nikah on 27.07.2022 in a Mosque situated at Manimajra. Upon the complainant of her parents and contending that she is a minor and less than 18 years, she is currently kept at Ashiana Home.


The Court after analyzing the arguments of the parties, observed that the marriage of a Muslim girl continues to be governed by the personal law of Muslims and has relied upon the Principles of Mohammedan Law by Sir Dinshah Fardunji Mulla moreso Article 195 thereof, and after considering the same, the court ruled that 15 years is the age of puberty of a Muslim female, and on her willingness and consent, after attaining puberty (15 years of age) can marry a person of her choice and such a marriage would not be void in terms of Section 12 of the Prohibition of Child Marriage Act 2006.


Therefore, the court directed the In-charge of Ashiana Home to hand over the detenue to the present petitioner and ensure the safety of both.


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