Punjab and Haryana HC: Muslim girl over 16 years of age can marry out of her choice

Ordering protection to a Muslim couple, the Punjab and Haryana High Court has held that a Muslim girl over 16 years of age is competent to enter into a contract of marriage with a person of her choice.

The bench of Justice Jasjit Singh Bedi passed the order while disposing of a protection plea wherein a 21-year-old man and a 16-year-old girl had approached the HC for protection of their life and liberty from family members.

The petitioner couple had contended that in Muslim law, puberty and majority are one and the same, and that there is a presumption that a person attains majority at the age of 15 years. According to the petitioners, their marriage was solemnized on June 8, 2022, as per Muslim rites and ceremonies.

The High Court bench stated that the law is clear that the marriage of a Muslim girl is governed by the Muslim Personal Law.