New Delhi: The Jharkhand High Court Wednesday held the Muslim Personal Law that entitiles a girl who attains puberty at the age of 15 to marry a boy of her choice without interference from parents.
A single bench of Justice Sanjay Kumar Dwivedi quashed a criminal proceeding pending in the court against a man who married a 15-year-old girl.
“…it is clear that the marriage of a Muslim girl is governed by the Muslim Personal Law. As per Article 195 from the book ‘Principles of Mohammedan Law by Sir Dinshah Fardunji Mulla’, the opposite party no.2 is approximately 15 years of age was competent to enter into a contract of marriage with a person of her choice,” remarked Dwivedi, reported LiveLaw.
The opposite party no. 2 here refers to a young girl who married a boy as per her choice. The girl submitted that the marriage was solemnised while, both the families consented.
However, father of the girl who filed a FIR “under misconception” that her daughter was missing. After which, a case under Sections 366A and 120B, IPC was initiated against a man who was 24-year-old at the time of marriage.
Meanwhile the court took reference to Yunus Khan v. State of Haryana & Ors., 2014 (3) RCR (Criminal) 518. In that case, it was ruled that a marriage of Muslim girl is governed by personal law.
Hence, the court observed that the girl was approximately 15 years old while during the time of marriage as well as the groom was at a appropriate age to get into a contract of marriage as defined by the Muslim Personal Law.