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Punjab & Haryana High Court Directs Police Protection to Muslim Couple After Attaining Puberty
The has directed the , to consider a protection plea from a Muslim couple, reinforcing that under , a person who has is free to marry of their own choice.
The Case
Petitioners Akbar Khan (26) and a 17-year-old girl performed Nikah on , according to Muslim rites. The girl’s father opposed the match, prompting the couple to seek police protection. They filed a representation on , which remained unaddressed, leading them to approach the High Court under .
Legal Arguments
Counsel for the petitioners argued that under , , with a . They relied on the principle that a Muslim who has can enter into a valid marriage without , citing precedents including Kammu v. State of Haryana (2010) and Gulam Deen v. State of Punjab (2022).
Court’s Analysis
Justice Vikram Aggarwal examined Article 195 of Sir Dinshah Fardunji Mulla’s , which states: “Every Mahomedan of sound mind, who has , may enter into a .” The court noted that the State counsel could not dispute this legal position.
Key Observations
The court held: “As per , a boy or girl, who has attained the , which happens to be 15 years, is at liberty to marry anyone of his or her liking.”
Citing Gulam Deen , the court emphasized: “Merely because the petitioners have got married against the wishes of their family members, they cannot possibly be deprived of the .”
Decision
Without commenting on the , the High Court disposed of the petition, directing the , to consider the petitioners’ representation and take requisite action in accordance with law, addressing the couple’s apprehension of danger to their .
