Muslim girl is competent to enter into marriage once she attains the age of 15 - Punjab and Haryana High Court

Case: Gulam Deen v State of Punjab 

Court: Justice Jasjit Singh Bedi of Punjab and Haryana High Court 

The P&H High Court held that as per Muslim personal law, a Muslim girl is competent to enter into a contract of marriage with the person of her choice once she attains the age of 15. 

The HC held the above while considering a petition seeking protection of life and liberty by a Muslim couple who fell in love and married each other according to Muslim rites and ceremonies.

The couple moved to the HC on the ground that their life and liberty were at risk at the hands of the respondents. According to the petitioner, puberty and majority are the same under Muslim law, and a person is presumed to have reached majority once she reaches 15 years of age.

It was further submitted that a Muslim boy or girl who attains puberty can marry anyone they liked, and guardians had no right to intervene.

HELD

The Court cited Yunus Khan v State of Haryana, where it was noted that a Muslim girl's age of marriage is determined by Muslim personal law. In addition, the Court referred to Article 195 of the book Principles of Mohammedan Law by Sir Dinshah Fardunji Mulla, which states that "every sound mind, who has reached puberty, may enter into a marriage." The explanation provides that, in the absence of evidence, puberty is presumed at the age of fifteen.

In this instant case, the girl was over 16 years, and the boy was over 21 years old hence, they both have reached marriageable age.

In addition, the HC emphasized that the issue in the petition was not the validity of the petitioner's marriage, but rather the protection of their fundamental rights.