Muslim girl entitled to marry person of her choice once she attains 15 years: Punjab and Haryana High Court reiterates

The Punjab and Haryana High Court recently reiterated that a Muslim girl on attaining 15 years of age can marry a person of her choice and such a marriage would not be void under the Prohibition of Child Marriage (PCM) Act [Javed v State of Haryana]..Justice Vikas Bahl allowed a petition filed by a 16-year-old girl’s 26-year-old husband who sought her release from the custody of a child care agency stating that she was over 16 years of age at the time of marriage and that she entered into the wedlock on her own volition..The Court also relied upon the statement of the who said that she had run away from her home to marry the petitioner and wished to reside with him. She further said that her family members had forcefully engaged her to her maternal uncle..Considering these submissions and the fact that the two belonged to the Muslim faith and had performed Nikah in a mosque, the court relied on a judgment of a coordinate bench in the case of Yunus Khan v State of Haryana wherein it was held that a Muslim girl continues to be governed by Muslim personal law.That judgment stated that a Muslim girl, who has attained 15 years of age (which is presumed to be the age by which women attain puberty), is free to marry a person of her choice.“The law laid down in the above said judgment would apply to the facts of the present case,” said the single-judge..Therefore, the care agency was directed to hand over the girl’s custody to her husband..Advocate Uday Chauhan appeared for the petitioner while the State was represented by AAG Munish Sharma..Pertinently, a similar judgment of the High Court which placed reliance on the case of Yunus Khan to say that a Muslim girl over the age of 15 years is competent to enter into a contract of marriage with the person of her choice has been challenged before the Supreme Court by the National Commission for the Protection of Child Rights (NCPCR)..In its appeal, the NCPCR has stated that the the ruling was in contravention of the PCM Act and the Protection of Children from Sexual Offences Act 2012 (POCSO Act) as it effectively allowed child marriage and sexual intercourse with children..The top court has appointed Senior Advocate Rajshekhar Rao as Amicus Curiae in the matter, and the case is slated to be heard on November 7..[Read Order]