IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Sr.No.142 CRWP-1319-2026 Decided on : 04.02.2026 Arman and another ...... Petitioners Versus State of Haryana and others ...... Respondents CORAM : HON’BLE MS. JUSTICE RUPINDERJIT CHAHAL ***

Present : Mr. Vikrant Koundal, Advocate for the petitioners.

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RUPINDERJIT CHAHAL , J (ORAL)

1. The petitioners have filed the instant petition with a prayer to direct the respondents No.1 to 3 to protect the life and liberty of the petitioners and also directing the respondents No.4 to 8 not to interfere in their lives and liberty. Learned counsel for the petitioners submits that the petitioners have already submitted a representation dated 27.01.2026 (Annexure P-4) to the Superintendent of Police, Nuh and they shall be satisfied if directions are issued to respondent No.2 to look into their representation dated 27.01.2026 (Annexure P-4).

2. Notice of motion to respondents No.1 to 3, at this stage.

3. On the asking of the Court, Mr. Gagandeep Chinna, Senior DAG, Haryana, who is present in the Court accepts notice on behalf of respondents No.1 to 3.

4. Learned counsel for the petitioners submits that petitioner No.1 – Arman, aged about 18 years and petitioner No.2 – Ansa, aged 16 years, have performed marriage on 30.11.2025, as per Muslim rites and ceremonies, against the wishes of their family members, arrayed as respondents No.4 to 8.

5. The copies of Aadhaar card of petitioners (Annexures P-2 and P- 3) have been placed on record. Copy of marriage certificate/ Nikahnama has also been placed on record as Annexure P-1.

6. Learned counsel for the petitioners has submitted that both the petitioners are Muslims and are governed by Muslim Personal Law (Shariat) Application Act, 1937. He has further submitted that as per text book of Mohammedan Law by Aqil Ahmad “Puberty and Majority” in the Muslim Law, are one and the same.

7. I have heard learned counsel for the parties.

8. Co-ordinate Bench in Kammu vs. State of Haryana and others, 2010 (4) RCR (Civil) has held in para No.20 as under:

“As per the Text Book of Mohammedan Law by Aqil Ahmad, “Puberty and Majority” are in the Muslim law one and the same. The presumption is that a person attains majority at the age of 15 years. It should be noted that marriage of a minor without the consent of the guardian is invalid unless it is ratified after the attainment of majority. A boy or girl who has attained puberty is at liberty to marry any one he or she likes and the guardian has no right to interfere if the match be equal.”

9. It will be gainful to reproduce in this regard, what is stated in the Principles of Mohammedan Law by Sir Dinshah Fardunji Mulla, in Article 195 thereof, (10th Edition of 1933): -

“195. Capacity for marriage.-(1) Every Mahomedan of sound mind, who has attained puberty, may enter into a contract of marriage.

(2) Lunatics and minors who have not attained puberty may be validly contracted in marriage by their respective guardians.

(3) A marriage of a Mahomedan who is sound mind and has attained puberty, is void, if it is brought about without his consent. Explanation.- Puberty is presumed, in the absence of evidence, on completion of the age of fifteen years.” (This Article is shown as Article 251 in Mullas'

Principles of Mahomedan Law, 19th Edition, by M. Hidayatullah).”

10. In view of the decisions cited above, it emerges that marriage of Muslims is governed by Muslim Personal Law as referred above. As per Article 195 from the book “Principles of Mohammedan Law by Sir Dinshah Fardunji Mulla', a boy or girl who has attained puberty is at liberty to marry any one he or she likes and the guardian has no right to interfere if the match be equal.

11. Moreover, the validity of the marriage in this case is not to be decided by this Court rather the prayer of the petitioners is limited to the extent of protecting their life and liberty at hands of private respondents No.4 to 8, which is to be ensured by this Court.

12. In view of the prayer made by