In a shocking ruling, the Punjab and Haryana High Court declared that Muslim girls can now get into a marriage contract with anyone after attaining puberty even if they are under 18 years old. This ruling, says the High Court, is according to the Muslim personal law.
The order was passed by Justice Alka Sarin while hearing a petition filed by a Muslim couple from Punjab. The man was 36 years old, while the woman was 17 years old. They had married according to Islamic traditions, but had faced a lot of opposition from their friends and family. Following this, they had sought protection from the court and had a filed a petition for the same.
Article 195 of the Muslim Personal Law says, “Every Mahommedan (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 Mahommedan who is (of) sound mind and has attained puberty is void if it is brought about without his consent.”
Stating this provision, the judge ruled that any Muslim girl is governed by the Muslim Sharia law. They cannot be deprived from their fundamental rights just because the couple has married against the wishes of their family members.
This ruling by the High Court comes amid the Centre looking to raising the marriageable age of women in the country to 21 years. However, such a decision is unlikely to affect the country’s Muslim population given that according to the judiciary, they are governed only by Sharia laws and not the country’s laws like the Hindus are.
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