Chandigarh, February 10: Punjab and Haryana High Court last month observed that a minor Muslim girl or boy could marry anyone after attaining puberty as per the Muslim Personal Law. The order was passed by Justice Alka Sarin. She heard a petition moved by a Muslim couple from Punjab. The petition was filed by a 36-year-old man and his 17-year-old girl. The couple sought protection from the Punjab and Haryana HC. 'Wife is Entitled to Increase in Alimony After Divorce, if Husband's Salary Increases': Punjab and Haryana High Court.

The bench citing Article 195 of Muslim Personal Law said that a marriage of a Muslim person, who has attained puberty is void if it is not done with his/her consent.  “Lunatics and minors who have not attained puberty may be validly contracted in marriage by their respective guardians. Marriage of a Muslim having a sound mind and who has attained puberty is void if it is brought about without his or her consent,” reported India Today quoting the bench as saying.

The protection was granted to the couple as the court noted that both are of Marriageable Age under Muslim Personal Law. The court also observed that a person attains puberty at the age of 15 years and puberty and the majority are one and the same thing. Wife Not a Chattel, Husband Can't Force Her to Live with Him: Supreme Court of India.

The court noted that merely just because the girl married against the wishes of her family, the couple could not be deprived of their fundamental rights. The bench of the Punjab and Haryana HC ruled that both the petitioners are of marriageable age as per the Muslim Law.

Notably, the legal age of marriage is 18 years for girls and 21 years for boys in India. However, under Muslim law, marriage or Nikah is a contract. Anyone attaining the age of puberty, and both should profess Islam.

(The above story first appeared on LatestLY on Feb 10, 2021 09:19 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).