A 17-year-old Muslim girl marries a Hindu youth
Chandigarh – After having attained puberty a Muslim girl can marry anyone by her choice as per the Muslim Personal law. Her parents or relatives cannot intervene in the matter, declared the High Court of Punjab and Haryana. Going against the family and relatives, the Court has given an order of giving protection to the 17-year-old Muslim girl and her husband.
A Muslim girl is free to marry anyone of her choice once she attains puberty, the Punjab and Haryana HC has said while ordering the police to protect a 17-year-old Muslim girl who married a 33-year-old Hindu man against the wishes of her family.https://t.co/QZswXUxHWW
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The law is clear that the marriage of a Muslim girl is governed by the Muslim Personal Law. As per Article 195 from the book, ‘Principles of Mohammedan Law’ by Sir Dinshah Fardunji Mulla’, the petitioner (girl) being 17 years of age, is competent to enter into a contract of marriage with a person of her choice. Petitioner (her partner) is stated to be about 33-years-old.
Thus, petitioner girl is of marriageable age as envisaged by Muslim Personal Law,” observed Justice Harnaresh Singh Gill. Just because the petitioners got married against the wish of their family members; they cannot be deprived of the basic rights given by the Constitution. The petitioners must be relieved from the fear of the opposition of the family.