India

‘Muslim girl over 16 can marry as she pleases’: Punjab and Haryana High Court

The Punjab and Haryana High Court has given a major verdict in the case of child marriage. During a hearing in the case, the court said that a Muslim girl above the age of 16 can marry as she wishes. A bench of Justice Jasjit Singh Bedi passed the order. The couple, a 21-year-old boy and a 16-year-old Muslim girl, had filed a petition in the high court.

The transformation of love into marriage

According to the petitioners, both of them are in love with each other. They then decided to get married. The couple got married on June 8, 2022 according to Muslim customs. The Muslim boy or girl is free to marry the boy or girl of his or her choice after maturity and the parents have no right to interfere in it, the petitioner’s lawyers had argued in court.

Muslim marriages are subject to Muslim personal law

The couple had applied to the Senior Superintendent of Police (SSP) of Pathankot for their lives. But no action has been taken yet. Hearing the case, Justice Bedi said, “It is clear that Muslim marriages are subject to Muslim personal law. The petitioner girl can marry the person of her choice as she is over 16 years of age. The petitioner states that the child is over 21 years of age. Therefore, the court has said that both are eligible to get married of their own free will.

Every citizen of the country has the right to freedom of life

The High Court also directed senior Pathankot police officials to ensure the safety of the couple. The court said that every citizen of the country has the right to freedom of life. As the petitioners married only against the will of their family members, they could not be deprived of their basic rights as enshrined in the Indian Constitution, the court held.

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