SC: Muslim Girl Can Marry Person Of Her Choice After Puberty

The Punjab and Haryana High Court's ruling allowing a Muslim girl to marry the man of her choice after reaching puberty was challenged by the National Commission for the Protection of Child Rights, and the Supreme Court agreed to review the case on Friday.

The supreme court ruled that no other case should follow the high court's ruling that a Muslim girl can enter into a legal and valid marriage at age 15 under personal law.

The Haryana government and other parties received notices from a bench of Chief Justice D.Y. Chandrachud and Justice P.S. Narasimha, who also named senior attorney Rajshekhar Rao as an amicus curiae in the case to support the court. "We have a tendency to consider these writ petitions." Send a notice. The bench ruled that the impugned judgement (of the HC) should not be used as precedent pending further orders.

Muslim Girl Can Marry Person Of Her Choice

According to Solicitor General Tushar Mehta, Muslim girls as young as 14 and 15 and 16 are getting married. "Is there a personal law defense? Can you use customary or personal law to defend yourself against a crime?" he questioned. Islam's applicable personal laws state that a person must be 15 years old to reach puberty.

Suggested Reading: Gujarat HC On Hospitals Denying Aid To Pregnant Women

The high court made the decision after hearing a habeas corpus petition brought by a 26-year-old man who was protesting the detention of his 16-year-old wife in a Panchkula orphanage. It was observed that a Muslim female reaches puberty at the age of 15, at which point she is free to choose her spouse with her own free will.

According to Section 12 of the Prohibition of Child Marriage Act 2006, such a union would not be invalid.

It's important to remember that the Prohibition of Child Marriage (Amendment) Bill 2021, which would make girls' marriageable ages the same as boys' at 21, was previously introduced by the Parliament. Additionally, the government declared that it would apply to all girls, regardless of their religion, when introducing the bill. An extension was given to the Standing Committee on Education, Women, Children, Youth, and Sports, which is looking at the Prohibition of Child Marriage (Amendment) Bill 2021.