Muslim Girl Over 16 Years of Age Can Marry of Her Choice: Punjab & Haryana High Court

Chandigarh: The Punjab and Haryana High Court ruled that a Muslim girl over 16 years of age is competent to enter into a contract of marriage with a person of her choice.

While disposing of the protection plea of a Muslim couple from Pathankot wherein a 21-year-old and a 16-year-old girl had approached the High Court seeking protection from their family members, the bench of Justice Jasjit Singh Bedi passed the order.

"As per Article 195 from the book 'Principles of Mohammedan Law' by Sir Dinshah Fardunji Mulla, 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.

"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 added.

As per the petitioners, they fell in love and decided to get married and the same was solemnized on June 8, 2022, as per Muslim rites and ceremonies.

The petitioners had contended that in Muslim law, puberty and majority are one and the same and that there is a presumption that a person attains majority at the age of 15 years.

The court further held that it cannot shut its eyes to the fact that the apprehension of the petitioner needs to be addressed.

It further directed the SSP Pathankot to provide proper security to the couple and take the necessary action as per law.

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