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Muslim law allows minor girls to marry on attaining puberty: High Court

The order was passed by Justice Alka Sarin while hearing a petition moved by a Muslim couple from Punjab.

UPDATED: February 10, 2021 11:43 IST

The Punjab and Haryana High Court has said that a minor Muslim girl who has attained puberty was at liberty to marry anyone as per the Muslim Personal Law.

Referring to Article 195 of Muslim Personal Law, the court said, “Lunatics and minors who have not attained puberty may be validly contracted in marriage by their respective guardians. Marriage of a Muslim having a sound mind and who has attained puberty is void if it is brought about without his or her consent.”

The court further said that “puberty is presumed, in the absence of evidence, on completion of the age of 15 years”.

The order was passed by Justice Alka Sarin while hearing a petition moved by a Muslim couple from Punjab. The petitioners — a 36-year-old man and 17-year-old girl — who got married on January 21, 2021, as per Muslim ceremonies, had sought protection from the court, stating that their relatives were against their relationship.

Justice Alka Sarin observed that the petitioners cannot be deprived of the fundamental rights provided by the Constitution merely because their family members were against it. The court also said that family members had no right to interfere since the couple got married as per the Muslim Personal Law.

The court has directed SSP Mohali (SAS Nagar) to provide security to the couple.

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