The Punjab and Haryana High Court has held that a Muslim girl who is under 18 years of age but has attained puberty is free to marry anyone as per the Muslim Personal Law.
The order was passed by Justice Alka Sarin on a petition filed by a Muslim couple from Punjab, who noted that the couple “cannot be deprived of their fundamental rights because their family members were against the marriage”. The petitioners – a 36-year-old man and a 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.
The verdict was given based on various court rulings and the article 195 in ‘Principles of Mohammedan Law’, an authoritative textbook by prominent Muslim personal law jurist Sir Dinshah Fardunji Mulla. The order referred to Article 195 of the Muslim Personal Law that states that Muslim women can enter a marriage contract with their person of choice on attaining puberty.
“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,” says Article 195 of the Muslim Personal Law.
The court has directed SSP Mohali to provide security to the couple as the couple’s families were not happy with the relationship and were threatening the couple.
