17 y/o competent to enter marriage in Muslim law: Punjab & Haryana HC directs protection for Muslim couple who married against family's wishes

The Punjab and Haryana High Court recently granted protection to a Muslim couple who had married against the wishes of their family, while taking note of submissions that Muslim law presumes that a person who attains puberty is competent to enter into a marriage (Shoukat Hussian and another v. State of Punjab and Ors). .In this case the woman was 17 years old, whereas her husband was 36 years of age. The Court found that under Muslim personal law, which governed the couple, a person aged 17 years is competent to enter into a marriage. .The Court further emphasised that “merely because the petitioners have got married against the wishes of their family members, they cannot possibly be deprived of the fundamental rights as envisaged in the Constitution of India.”.Taking note of the apprehensions raised by the couple, Justice Alka Sarin disposed of the petition with a direction to the Senior Superintendent of Police to decide the representation moved by the couple for protection and take necessary action as per law..The court was dealing with a criminal writ petition filed by the Muslim couple under Article 227 of the Constitution with a prayer to issue directions to the Superintendent of Police “to protect the life and liberty of the petitioners at the hands of private respondent (Family members).”.The Petitioners submitted before the court that they fell in love about 2 years ago and decided to enter into a marriage. On January 21, their marriage was solemnised as per Muslim rites and ceremonies..Placing reliance on Kammu vs. State of Haryana, Yunus Khan vs. State of Haryana and Mohd. Samim vs. State of Haryana, the petitioners submitted that under the Muslim law, puberty and majority are one of the same and that there is a presumption that a person attains majority at the age of 15 years. It was further contended that “a Muslim boy or Muslim girl who has attained puberty is at liberty to marry any one he or she likes and the guardian has no right to interfere.”.The court while taking note of the various decisions observed that in Yunus Khan (Supra) it has been held that that the marriage of a Muslim girl is governed by the personal law of the Muslims..Further, the court also referred to Dinshah Fardunji Mulla’s book - Principles of Mohammedan Law to note that “as per Article 195 from the book Principles of Mohammedan Law by Sir Dinshah Fardunji Mulla, the petitioner No.2 being over 17 years of age was competent to enter into a contract of marriage with a person of her choice. Petitioner No.1 is stated to be more than 36 years of age. Thus, both the petitioners are of marriageable age as envisaged by Muslim Personal Law.”.VG Jauhar, Senior DAG, Punjab appeared on behalf of respondent nos.1 to 3 (Police authorities). Advocate Karan Singh Rana appeared on behalf of the petitioners..[Read Order]