Can a Muslim minor marry under personal law? What courts have said | Explained

The Punjab and Haryana High Court has ruled that under Muslim personal law, a person who has attained puberty can marry a person of their choice. This decision was made while hearing a petition from a Muslim couple who married against the wishes of the woman's family. The court noted that under the Prohibition of Child Marriage Act, 2006 and the Protection of Children from Sexual Offences Act, 2012, a child is defined as a male under 21 years or a female under 18 years.

However, Muslim personal law recognizes a person as competent to marry once they have reached puberty, which is commonly understood to be around 15 years of age. The high court's ruling aligns with a 2010 decision where it was held that a Muslim individual who has reached puberty has the liberty to marry a person of their choice, and a guardian cannot interfere with such a decision if the requirements of applicable law are met.

Different high courts have provided varying opinions on the topic of minors' marriage under Muslim personal law. For instance, the Punjab & Haryana High Court in 2018 upheld the validity of a marriage between a man and a 16-year-old girl, as the girl had reached puberty and was thus considered an adult under Muslim personal law.

In 2022, the Karnataka High Court held that the Protection of Children from Sexual Offences Act (POCSO) would override Muslim personal law, stating that a person is guilty of penetrative sexual assault if the wife is under the age of 18, even if the marriage took place in accordance with personal law. The Supreme Court dismissed a petition in 2025 challenging the Punjab and Haryana High Court's ruling that a girl who has reached puberty can marry under Muslim personal law, despite the POCSO Act and the Prohibition of Child Marriage Act.