Muslim Personal Law allows for minor girls who've attained puberty to marry person of choice: Punjab and Haryana High Court

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The Punjab and Haryana High Court has said the Muslim Personal Law allows for minor girls (below 18 years of age) from the community to marry once they have attained puberty.

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”, Hindustan Times reported.

The petitioners – a man aged 36 and woman aged 17, had married against their families’ wishes in January 2021, and approached the court for reprieve.

The order referred to Article 195 of the Muslim Personal Law which states Muslim women can enter 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 thus ruled in favour of the couple noting that both petitioners are of marriageable age as per the Law in question and in its order has also asked the Mohali SSP to “take appropriate action to ensure the safety and security of the couple”.