marriage

CHANDIGARH: The Punjab and Haryana High Court has ruled that a girl over 16 years of age can marry a person of her choice. The court’s verdict came while considering a plea, filed by a Muslim couple, wherein a 21-year-old man and a 16-year-old girl sought protection from their family members.

The order was passed by a bench led by Justice Jasjit Singh Bedi. “The law is clear that the marriage of a Muslim girl is governed by the Muslim Personal Law. As per Article 195 from the book ‘Principles of Mohammedan Law’ by Sir Dinshah Fardunji Mulla, the petitioner being over 16 years of age is competent to enter into a contract of marriage with a person of her choice. The boy is stated to be more than 21 years of age. Thus, both the petitioners are of marriageable age as envisaged by Muslim Personal Law,” Bedi 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”, said the bench. The court also asked the police to provide security to the couple.

The couple had stated in their plea that they got married on June 8 as per the Muslim Law. However, their family did not approve of the wedding. They also stated in the plea that as per the Muslim Law, a person can get married at the age of 15.