The Punjab and Haryana high court recently observed that the Muslim personal law permits the girl to marriage on attaining puberty, The Prohibition Of Child Marriage Act, 2006 is a secular law and does not make any such distinction between on the basis of religion.
The law has prescribes that the minimum age of marriage in India for females is 18 and for Male is 21.
Respectively, A single Bench of Justice Amol Rattan Singh observed that: while allowing the protection petition of runaway couple, However, the age certificates furnish by the parties and the age is girl is to be found below 18 years of age, The action may be taken under the Child Marriage Act.
However, the court granted the protection to the couple, observing that a female between 18 to 21 years through a child and his marriage with a female adult will be treated as a child marriage he cannot be punished for contracting child marriage.
The Protection Petition was allowed in terms of the judgment of the Supreme Court in Hardev Singh v. Harpreet Kaur 2020.
The matter has reached before the High Court in the wake up of a petition filed by Jaspreet Kaur alias Jaspreet Begum and Azim Khan, Residence of Punjab, Seeking Protection of life and liberty (Article 21 of the Constitution OF India) after the marrying to correspondence without the will of the Family.
The high court of Punjab and Haryana has observed that Since the protection of life and liberty is a fundamental right of every citizen, Respectively, The SSP Fatehgarh Sahib to ensure that the lives and liberty of the petitioner are not put to any harm or threat at the hands of there own families members. The High Court also made it clear that the girl to be found actually of 18 years upon the verification, this order shall not prohibit the authorities to in taking proceeding under the provision of the prohibition of Child Marriage Act of 2006.