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The Punjab and Haryana High Court recently saw that despite the fact that Muslim Personal law permits marriage after attaining the age of puberty, the Prohibition of Child Marriage Act, 2006 is a mainstream law and doesn't make any such differences based on religion.
A Single Bench of Justice Amol Rattan Singh saw that verification of the age certificate given by parties, the age of the young lady is discovered to be under 18 years old, at that point action can be taken under the Child Marriage Act.
Facts of case
The girl, in this case, Jaspreet had married a Muslim man named Azim Khan. The former was expressed to be aged over 18 years old but later it was claimed that, despite the fact that a minor, are of eligible age according to the Muslim Personal Law.
It was expressed that Supreme Court in Hardev Singh v. Harpreet Kaur 2020, where it was held that if a girl/lady is above eligible age as far as that Child marriage Act (over 18 years), no offense punishable under the provision of that act would be made out.
Since the certificates submitted by the parties shows that the girl to be aged over 18 years", the Court held that the life and freedom of the petitioners would be properly ensured, according to law, despite the fact that the boy was not eligible for marriage as per the Prohibition of Child act 2006
Court findings
The conflict between Indian law and personal laws has been featured consistently through different choices of the Courts all through the country.
The Gujarat High Court had in December 2014, maintained the marriage of a minor Muslim girl, seeing that, "As per the individual law of Muslims, the girl no sooner she achieves the adolescence or finished 15 years, whichever is prior is competent to get married without the assent of her parents.
In September, the following year, a similar High Court decided that the Prohibition of Child Marriage Act, 2006 is a common law which deals with the issue of child marriages and that a similar will override the provisions of Muslim Personal Law, Hindu Marriage Act, or beside any close to personal law.
In 2017, once more, the Gujarat High Court granted protection to a 21-year-elderly person who absconded with a minor girl and solemnized the marriage under Muslim individual law.
As of late, the Punjab and Haryana High Court permitted the assurance appeal of a 36-years of an age Muslim man who wedded a 17 years of age Muslim Girl, while taking note that both the parties are of eligible age under Muslim Personal Law.
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