Chandigarh – The Punjab and Haryana High court has passed a ruling that a girl over 15 years of age can marry to a boy of her choice.
The High court has granted protection to a Muslim girl of 16 years old who married a muslim boy of 21 years old while noting that she is of marriageable age under Muslim personal law.
The bench of Justice Jagjit Singh Bedi was hearing protection plea filed by the couple (both Muslims) who got married as per muslim ceremonies and rites.
It was submitted in the court that the boy and girl who attains puberty is at liberty to marry anyone he or she likes and the guardian has no right to interfere. The counsel for the petitions presented some ruling given by the Punjab and Haryana High court to support his plea before the court.
The petitioners pleaded before the court that their life and liberty is in danger so they be granted protection by the court. The defense counsel argued in the court that under Muslim Personal Law , majority and puberty are considered the same. He added that there is a presumption a Muslim attains majority at the age of 15 and also contended that it allows such an individual to marry anyone of his/her choice.
The order was passed after the petition filed by the Pathankot based Muslim Couple where the man aged 21 and the girl is of 16 years. The court said the couple cannot be deprived of their fundamental right envisaged in Constitution of India merely because the marriage is done again the wishes of their families.
The court also said that the law of court could not shut eyes to the apprehension of the couple to the safety of life.
Whereas, in another case, Punjab and Haryana High Court had ordered the police to provide protection to a 17 years old Muslim girl who married a Hindu man against the wishes of her family and relatives.
