The Punjab and Haryana High Court has said that under Muslim Personal Law, a Muslim girl can marry any boy of her choice even if she is under the age of 18. Legally, the family cannot interfere in it. Justice Alka Sarin gave this verdict on the basis of a compendium of Muslim personal law.
A Muslim couple, the man of 36 years old and the woman 17, had moved the High Court, saying they fell in love with each other and married each other on January 21 this year as per Muslim customs. This was their first marriage. But their families were not happy with this relationship and they were threatening the couple.
The couple petitioned the court for protection. The family of the girl argued that the girl is a minor, so this marriage is illegal. But it was argued by the petitioner side that both Muslim boy and girl of 15 years are eligible for marriage under Muslim personal law.
While giving its verdict on the matter, the High Court cited Sir D. Fardunji Mulla’s book Principles of Mohammedan Law. The court said Muslim men and women are free to marry any person of their choice after attaining puberty, they do not need to take permission from anyone. This has been decided by Muslim personal law itself.
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