Muslim Girl Has Freedom To Choose Her Life Partner After Attaining The Age Of Puberty: Punjab And Haryana HC
Shubhi Rathore | Prabhat Bandhulya
The Writ Petition was filed by two individuals belonging to the Muslim community, who fell in
love and solemnized their marriage as per Muslim rites and ceremonies. The petitioners contend that the respondents pose a threat to their life and liberty. Moreover, as per Muslim law age of puberty and majority are the same and once a Muslim boy or girl attains 15 years, he or she can marry anyone of his or her choice and the guardian cannot object. On this ground, the petitioners seek the remedy of issuing the writ of mandamus against the State Govt. to protect the life and liberty of the petitioners from the respondents.
The Court held that the Muslim girl is over 16 years of age and the Muslim boy is more than 21
years of age, therefore both of them have the freedom to marry anyone of their own choice as per their Muslim Personal Law. However, the Court also observed that the Writ Petition was filed for the safety of the petitioners’ which cannot be neglected by the Court and merely because they have got married against the will of their family members does not deprive them of the Fundamental Rights given to them by the Constitution. Hence, the Senior Superintendent of Police was directed to take action and decide on the petitioners' representation.
Case: Gulam Deen V. State Of Punjab 13/06/2022