CHANDIGARH: Relying on the literature on Muslim marriages and various judgments by courts, the Punjab and Haryana high court has held that a Muslim girl who is less than 18 years old and has attained puberty is at liberty to marry anyone as per Muslim personal law.
Referring to Article 195 from the book “Principles of Mohammedan Law” by Sir Dinshah Fardunji Mulla, the HC 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.
Explaining “capacity for marriage” under Muslim Personal Law, Article 195 from Mulla’s book says, “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.” According to the book, “Puberty is presumed, in the absence of evidence, on completion of the age of 15 years.”
Justice Alka Sarin passed this order while hearing 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 solemnised their marriage on January 21, 2021 as per Muslim ceremonies. It was the first marriage for both. They had sought directions for protection of life and liberty from their relatives, who are against the relationship.
The petitioners also contended that a Muslim boy or Muslim girl who has attained puberty is at liberty to marry anyone he or she likes and the guardian has no right to interfere.
After hearing their contentions, the judge observed that a Muslim girl is governed by Muslim Personal Law. The petitioners cannot be deprived of the fundamental rights provided by the Constitution merely because they have married against the wishes of their family members, the HC said. It directed the Mohali SSP to take appropriate action on their representation regarding protection of their lives and liberty.