Punjab and Haryana HC Says Muslim Girls Can Marry At 16

A single-judge bench of the Punjab and Haryana High Court ruled that Muslim girls can marry of their own free will at 16 while upholding a minor's marriage. The Bench of Justice Jasjit Singh Bedi was hearing a protection plea filed by the couple (both Muslims) who solemnized their marriage as per Muslim rites and ceremonies on June 8, 2022. The Court granted protection to a Muslim Girl aged 16 Year old who was married to a Muslim boy aged 21 years old, noting that she is of Marriageable Age under Muslim Personal Law.

The couple submitted that a Muslim boy or Muslim girl who has attained puberty is at liberty to marry anyone he or she likes and the guardian has no right to interfere. The counsel for the petitioners cited various rulings of the Punjab & Haryana High Court in this regard.

The law, as laid down in various judgments cited above, 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', petitioner No.2 being over 16 years of age was competent to enter into a contract of marriage with a person of her choice.

In India the legal age of marriage is 18 years for girls and 21 years for boys. This is governed by the Special Marriage Act, of 1954, and the Prohibition of Child Marriage Act, of 2006.

However, under Muslim law, marriage or Nikah is a contract. The Muslim law recognizes- the right of adults to marry by their own free will. The conditions for a valid Muslim marriage are: Both the individuals must profess Islam; Both should be of the age of puberty; There has to be an offer and acceptance and two witnesses must be present; Dower and Mehar; and  Absence of a prohibited degree of relationship. (Inputs from Live Law website)

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