Will examine whether or not 16-year-old Muslim woman is able to marriage: SC

Issuing discover on a petition by the National Commission for Protection of Child Rights (NCPCR) difficult the Punjab and Haryana High Court’s determination on June 13, 2022, an SC bench of Justices SK Kaul and AS Oka additionally appointed senior advocate Rajasekhar. did. Rao has been appointed as amicus curiae within the matter.

Solicitor General Tushar Mehta, showing for the fee, mentioned it’s a “serious issue” in view of its potential influence on baby marriage and the provisions of the Protection of Children from Sexual Offenses Act, 2012. He urged the bench, nevertheless, to look at the matter intimately.

The HC had allowed this whereas disposing of a safety petition of a Muslim couple citing Muslim Personal Law, by which a 21-year-old man and a 16-year-old woman approached the HC for security of their lives and freedom from members of the family. did. The couple have been the petitioners within the case.

The petitioner couple, by means of their counsel, argued that in Muslim legislation, puberty and majority are the identical, and it’s held that an individual attains maturity on the age of 15 years. He additional argued {that a} Muslim boy or Muslim woman who has attained puberty is free to marry any individual of his alternative and the guardian has no proper to intrude.

The HC in its order had mentioned, “The legislation is evident that the wedding of a Muslim woman is ruled by the Muslim Personal Law. As per Article 195 of the e-book ‘Principles of Mohammedan Law’ by Sir Dinshah Fardunji Mulla, Petitioner No. 2 (Girl) is greater than 16 years of age, he’s competent to enter right into a contract of marriage with an individual of his alternative. The age of the petitioner No. 1 (the boy) is said to be above 21 years. Thus, each the petitioners as envisaged by Muslim Personal Law are of marriageable age…”