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The Punjab & Haryana High Court granted protection to a 17-year-old Muslim girl and a 36-year-old Muslim Man who are married together while noting that both are of Marriageable Age under the Muslim Personal Law.
The Bench of Justice Alka Sarin was hearing a protection plea filed by the petitioners who got married on Jan 21st of 2021 as per Muslim rites and ceremonies.
While the DOB of Husband is 1st of April 1984, the DOB of Wife is 10th of January 2004. Age doesn't matter under the Muslim law having major difference Or not, all matters is they are over marriageable age and married with both consent.
The counsel for the petitioners cited the rulings of the P&H High Court to contend that in Muslim law, puberty and majority considered to be same that there is a pre assumption that a person is said to attain majority at the age of 15 years, these were the first arguments put forth.
It was also stated that a Muslim boy or Muslim girl who is a major or attained the age of majority has the liberty to marry anyone he or she likes and the guardian has no right to interfere in the matter.
It was further stated that the life and liberty of the husband and wife are in danger at the hands of respondent Numbered 4 to 14 and they submitted a representation to the Senior Superintendent of Police, S.A.S. Nagar, Mohali but no respective action was taken.
Finally, it was requested that directions be conducted for deciding the said representation in a time-bound manner with respect to the law.
The Court observed and took note of the judgments cited on behalf of the husband and wife and also the fact that the girl is aged more than 17 years and further took pre-judgment of Yunus Khan vs. State of Haryana & Ors.' [2014(3) RCR (Criminal) 518, where the same situation occurred and the Muslim girl was governed by Muslim law.
Thus, in view of the above observations, the petition was pushed off with a direction to the Senior Superintendent of Police, Mohali of the respective area to decide the representation of the petitioners and necessary actions to be taken as per law.
It may be noted that the legal age of marriage is 18 years for girls and 21 years for boys in India which are governed by the Indian Constitution under specific laws However, under Muslim law, marriage or Nikah is a contract and it recognizes the right of adults to marry by their own free will under several conditions mentioned in it.
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