Can a Muslim minor marry under personal law? What courts have said | Explained
What was the case before the Punjab and Haryana High Court? What have courts ruled over the years? What does Muslim personal law say?
The Punjab and Haryana High Court has recently ruled that under Muslim personal law, a person who has reached puberty is presumed competent to marry a person of their choice. This observation came in a case involving a 26-year-old Muslim man and a 17-year-and-eight-month-old Muslim woman who sought protection from the woman's family, having performed nikah against her father's opposition.
The court referenced Article 195 of Sir Dinshah Fardunji Mulla's Principles of Mohammedan Law, which recognizes a Muslim who has attained puberty (15 years) as competent to enter into a marriage contract. Previous decisions, such as Kammu v. State of Haryana (2010), have supported this view, stating that a Muslim boy or girl who has reached puberty has the liberty to marry someone of their liking, with guardians unable to interfere if statutory requirements are met.
However, the Karnataka High Court has taken a different stance, noting that the Protection of Children from Sexual Offences (POCSO) Act may override Muslim personal law in cases of child marriage, as it is a special legislation to protect children from sexual offences.
Brief written by urgent.news from The Hindu's own syndicated text. Machine-written — may contain errors; check the original before relying on it.
