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2023 Supreme(P&H) 1330

DEEPAK GUPTA
Iqbal – Appellant
Versus
State of Haryana – Respondent


Advocates:
Advocate Appeared:
For the Parties : Mr. Anshul Mangla, Mr. Praveen Bhadu, Mr. Sutikshan Sharma,

Judgement Key Points

Based on the provided legal document, here are the key points:

  1. The marriage of the Muslim girl, Salma, was performed according to Muslim Rites and Customs, and her age at the time of marriage was more than 15 years, specifically over 16 years and 6 months (!) (!) .

  2. The marriage is considered prima facie valid under Muslim Personal Law, which recognizes that a Muslim girl who has attained puberty is competent to marry (!) (!) (!) .

  3. The Prohibition of Child Marriage Act, 2006 defines a 'child' as a person below 18 years of age for females and below 21 for males, and a 'minor' as a person deemed not to have attained majority under the Majority Act, 1875 (!) (!) (!) .

  4. The law states that a marriage of a girl who has attained puberty (above 15 years) is not necessarily void or voidable solely on the basis of age, provided the marriage conforms to personal laws and customs (!) (!) .

  5. The court emphasized that the age of majority for females, in the context of Muslim Personal Law, is linked with puberty, and such marriages are recognized as valid if performed according to religious rites (!) (!) .

  6. The court highlighted that fundamental rights under the Constitution, particularly the right to life and liberty, must be protected, even in cases where the marriage is performed against family wishes (!) .

  7. The court held that the marriage of Salma and Shameem is valid, and Salma’s custody should be handed over to Shameem, her husband, as she is above the age of puberty and of marriageable age under Muslim Personal Law (!) .

  8. The parents' plea for custody of Salma was dismissed, as their wishes are deemed inconsequential given the legal recognition of the marriage and Salma’s age (!) (!) .

  9. The police are instructed to continue their investigation into the allegations of kidnapping and related offences, but the court’s order does not impede lawful investigation (!) .

  10. The court directed the authorities to provide protection to the petitioners in the case, considering the threat perception to their safety (!) .

  11. The legal provisions and interpretations reaffirm that age of puberty and majority under personal law can differ from statutory age limits for minors, especially in the context of Muslim personal law (!) (!) .

  12. The court reaffirmed that the fundamental rights of individuals to marry and to personal liberty are protected under the Constitution, even when marriages are performed against family opposition, provided they are valid under personal law (!) (!) .

These points summarize the court’s reasoning, findings, and directions based on the case details and applicable law.


JUDGMENT :

DEEPAK GUPTA, J.

Shameem and Salma, the petitioners in CRWP-11190-2023 are Muslims by religion. Petitioner- Shameem is 23 years of age, whereas petitioner- Salma, with her date of birth being 03.05.2007, is more than 16 years 06 months of age. They wanted to perform marriage, to which their family members did not agree. They then entered into a matrimonial bondage in a Masjid at Zirakpur as per Muslim Rites and Ceremonies on 08.11.2023. Since marriage was performed against the wishes of the family members, they felt threat to their life and liberty and so, approached this Court by filing this petition i.e., CRWP-11190-2023 under Article 226 of Constitution of India for issuing the writ in the nature of mandamus to direct the official respondents to protect their life and liberty at the hands of private respondent Nos.4 to 6, who are the father, brother and uncle of the girl Salma.

2. On the other hand, the parents of the girl Iqbal and Rashida filed separate petition bearing No. CRWP-11123-2023 praying this Court to issue a writ in the nature of habeas corpus and to direct the official respondent Nos.1 to 3 to produce their minor daughter Salma from the illegal custody of r

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