Muslim girls can marry at 16: Punjab and Haryana HC upholds minor marriage , how ?

The single-judge bench of Justice Jesuit, Singh Bed, of the Punjab and Haryana High Court upheld the marriage of a 16-year-old Muslim girl in a recently passed order. When a couple, a 21-year-old male and a 16-year-old female, approached the court for protection, the court ruled that a Muslim girl over the age of 16 is competent to contractually enter into marriage with a person of her choice.  “Merely because the petitioners have got married against the wishes of their family members, they cannot possibly be deprived of their fundamental rights as envisaged in the Constitution of India,” the bench stated.  According to the court, the marriage of the couple was ratified on June 8, 2022, as per Muslim rites and ceremonies. The couple argued on the grounds of Muslim tradition, stating that in Muslim, law, puberty and majority are one and the same. The couple further argued that a person attains majority (and consequently the maturity required for marriage) by the age of 15. Therefore, no guardian has the right to interfere in the personal matters of the couple.  The bench approved is the line of argumentation, stating that “Merely because the petitioners have got married against the wishes of their family members, they cannot possibly be deprived of their fundamental rights as envisaged in the Constitution of India”, the bench said.  Justice, Bed, emphasized the importance of Muslim Personal Law in this matter. According to Justice Bed, As per Article 195 from the book ‘Principles of Mohammedan Law’ by Sir Din shah Mullah, the petitioner No. 2 (girl) being over 16 years of age is competent to enter into a contract of marriage with a person of her choice. Petitioner No.1 (boy) is stated to be more than 21 years of age. Thus, both the petitioners are of marriageable age as envisaged by Muslim Personal Law. While giving protection to a Muslim couple aged 16 and 21 years from their family members, the Punjab and Haryana High Court ruled on Monday that a Muslim girl over 16 years of age is competent to enter into a contract of marriage with a person of her choice. The single-judge bench of Justice Jesuit Singh, Bed, passed the order on a plea by a Muslim couple who had approached the court for protection. “Merely because the petitioners have got married against the wishes of their family members, they cannot possibly be deprived of their fundamental rights as envisaged in the Constitution of India,” the bench said. Citing Islamic Sharia rule, Justice Bed, said the marriage of a Muslim girl is governed by the Muslim Personal Law. As per Article 195 from the book ‘Principles of Mohammedan Law’ by Sir Dinshah  Mullah, the petitioner No. 2 (girl) being over 16 years of age is competent to enter into a contract of marriage with a person of her choice. Petitioner No.1 (boy) is stated to be more than 21 years of age. Thus, both the petitioners are of marriageable age as envisaged by Muslim Personal Law, he said. The court held that it cannot shut its eyes to the fact that the apprehension of the petitioners needs to be addressed. It has directed SSP Nathanson to provide proper security to the couple and take necessary action as per law.