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Punjab And Haryana Excessive Court docket – NewsEverything World


A Muslim lady is ruled by the Muslim Private Regulation, the courtroom mentioned (Representational)

Chandigarh: The Punjab and Haryana Excessive Court docket has held {that a} Muslim lady who’s lower than 18 years outdated however has attained puberty is free to marry anybody as per the Muslim Private Regulation.

A bench of Justice Alka Sarin gave the decision counting on numerous courtroom rulings and the article 195 in “Rules of Mohammedan Regulation”, an authoritative textbook by distinguished Muslim private legislation jurist Sir Dinshah Fardunji Mulla.

Quoting provisions of article 195 in Mr Mulla’s authoritative treatise on Muslim private legal guidelines, the bench noticed {that a} Muslim lady on attaining the age of puberty is competent to enter right into a contract of marriage with an individual of her alternative.

Article 195 within the guide explains the “capability (eligibility) for marriage” below the Muslim Private Regulation, the bench identified, including that “as per this provision, each Mahomedan (Muslim) of sound thoughts, who has attained puberty, might enter right into a contract of marriage”.

Within the absence of proof, a Muslim lady is presumed to have attained puberty on finishing the age of fifteen years, the bench mentioned, quoting the provisions of article 195.

“Lunatics and minors who haven’t attained puberty could also be validly contracted in marriage by their respective guardians,” the bench additional elaborated.

“The bench mentioned the wedding of a Mahomedan, who has a sound thoughts and has attained puberty, is void if it has been led to with out his consent,” it added.

Justice Sarin gave the ruling on January 25 on a plea by a Muslim couple, in search of safety of their life and liberty from their respective households, who had been in opposition to the wedding on account of age distinction between the 36-year-old man and the 17-year-old lady.

The couple instructed the courtroom that they fell in love about two years in the past and solemnised their marriage on January 21 this 12 months, as per the Muslim rites.

The counsel for petitioners argued that “in Muslim legislation, puberty and majority are one and the identical factor and that there’s a presumption that an individual attains majority on the age of 15 years”.


The counsel additional argued that “a Muslim boy or Muslim lady who has attained puberty is at liberty to marry anybody she or he likes and the guardian has no proper to intervene”.

The petitioners additionally alleged within the courtroom that their life and liberty are in “grave hazard” from their kinfolk on account of which they’ve additionally sought safety from Mohali’s senior superintendent of police.

The decide after the listening to mentioned the courtroom has taken word of the judgements cited on behalf of the petitioners and in addition the truth that the lady within the case is older than 17 years.

The decide additional mentioned the wedding of a Muslim lady is ruled by the Muslim Private Regulation.

Each the petitioners are of marriageable age as envisaged by the Muslim Private Regulation, the courtroom mentioned.

“In any occasion, the difficulty in hand is just not with regard to the validity of the wedding however to deal with the apprehension raised by the petitioners of hazard to their life and liberty by the hands of personal respondents (their kinfolk) and to supply them safety as envisaged below Article 21 of the Structure of India,” the decide mentioned.

Article 21 of the Structure gives for the safety of life and private liberty and lays down that no individual shall be disadvantaged of his or her life and private liberty besides as per the process established by legislation.

“The Court docket can not shut its eyes to the truth that the apprehension of petitioners must be addressed. Merely as a result of the petitioners have gotten married in opposition to the needs of their members of the family, they can not presumably be disadvantaged of the elemental rights as envisaged within the Structure of India,” the decide noticed whereas directing Mohali senior superintendent of police to take essential motion as per legislation relating to safety to their life and liberty.

(Aside from the headline, this story has not been edited by NDTV workers and is revealed from a syndicated feed.)

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