Punjab and Haryana High Court while hearing to a petition on Monday ordered that a Muslim girl over 16 years of age can marry a person of her choice. The court while passing the order also ensured protection to the couple.
The single-judge bench ruled by Justice Jasjit Singh Bedi passed the verdict while listening to a plea by a Pathankot-based Muslim couple who approached the court seeking protection.
The bench while hearing the petition said “Merely because the petitioners have got married against the wishes of their family members, they cannot possibly be deprived of their fundamental rights as envisaged in the Constitution of India,”
Citing the Islamic Sharia rule, Justice Bedi further added that the marriage of a Muslim girl is governed as per the Muslim Personal Law and the girl falls into the category of age where she can marry a person of her choice
As per Article 195 from the book ‘Principles of Mohammedan Law’ by Sir Dinshah Fardunji Mulla, the petitioner No. 2 (girl) being over 16 years of age is competent to enter into a contract of marriage with a person of her choice. Petitioner No.1 (boy) is stated to be more than 21 years of age. Thus, both the petitioners are of marriageable age as envisaged by Muslim Personal LawJustice Bedi
The court while also addressing the security of the couple said it "cannot shut its eyes to the fact that the apprehension of the petitioners needs to be addressed”. The court then directed the Pathankot SSP to provide the required security to the couple and take the necessary action as guided by law.