According to Mohammedan Law, a Muslim girl who has reached puberty can marry without the consent of her parents, according to the Delhi High Court. The girl can also live with her husband if she is underage, according to the court. Justice Jasmeet Singh made the remark during a recent hearing on a petition filed by a couple, a minor girl and a man. They wanted to be protected while also ensuring that no one separated them by force.
According to the Indian news agency IANS, the couple married on March 11, despite the girl’s parents’ wishes. The man was 25 years old at the time of the marriage, and the girl was 15 years old in March, according to her family and police. However, according to her counsel’s Aadhaar card, she is over the age of 19.
In an order dated August 17, Justice Singh stated, ‘It is thus clear that under Mohammedan Law, a girl who had attained the age of puberty could marry without the consent of her parents and had the right to reside with her husband even when she was less than 18 years of age, and thus otherwise (is a) minor girl’. The full copy of the order was released on Monday evening.
The court also cited a decision of the High Court of Punjab and Haryana in Chandigarh, which stated as per Article 195 of the book ‘Principles of Mohammedan Law.’ According to the text, any Mohamedan of sound mind who has reached puberty may enter into a marriage contract. The petitioners stated that they fell in love with each other and plan to marry on March 11, 2022. Maulana Imtiyaz of Jokihat Masjid, District Aauriya, Bihar, conducted the ceremony in accordance with Muslim rites and rituals.
However, the girl’s parents were opposed to the marriage and reportedly filed a case against the man under Section 363 IPC (punishment for kidnapping). Later, Section 376 of the IPC (Punishment for Sexual Assault) and Section 6 of the POCSO (Protection of Children from Sexual Offenses) Act were added. Initially, the FIR was filed under Section 363 of the IPC. According to the petition, the girl was regularly beaten by her parents at home, and her parents even tried to marry her off to someone else despite her love affair.
After several procedures, it was revealed that the couple had sexual relations, and the child victim was placed at the Nirmal Chhaya Complex in Hari Nagar per the Child Welfare Committee’s orders. The petitioner’s counsel stated that the woman is pregnant. They were allowed to remain together by the court, and the authorities were directed to ensure their personal safety and protection.
It read, ‘As a result, the petitioners, who are legally married, cannot be denied the company of each other, which is the essence of the marriage. If the petitioners are separated, petitioner no.1 and her unborn child will suffer even more trauma. The state’s goal here is to protect Petitioner No. 1’s best interests. If the petitioner has willingly consented to the marriage and is content, the state has no right to enter the petitioner’s private space and separate the couple. The state will be invading personal space if they do the same’.
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