Girl who attains puberty can marry without parents’ consent under ‘Muslim Laws’: Delhi HC

India

oi-Madhuri Adnal

New
Delhi,
Aug
24:
The
Delhi
High
Court
has
said
that
a
girl,
who
has
attained
puberty,
can
marry
without
the
consent
of
her
parents
under
Muslim
laws
while
hearing
a
plea
seeking
protection
to
a
couple
who
got
married
against
the
consent
of
girl’s
parents.

Justice
Jasmeet
Singh
observed,
“A
girl
on
attaining
puberty
could
marry
without
the
consent
of
her
parents
under
the
Muslim
laws
and
has
the
right
to
reside
with
her
husband
even
when
she
is
otherwise
minor.
The
provisions
of
POCSO
will
not
apply
to
the
husband.”

The
bench
further
said
that
the
state
has
nothing
to
do
with
a
girl’s
personal
space
if
she
is
married
out
of
her
own
will
and
is
happy.
The
bench
made
this
observation
while
hearing
the
plea
of
a
couple
who
got
married
on
March
11.
They
had
sought
protection
from
the
court
as
well
as
directions
to
ensure
that
nobody
separates
them
from
each
other.

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The
court,
in
its
order,
noted
that
the
case
was
not
one
of
exploitation
but
a
case
where
the
petitioners
were
in
love,
got
married
according
to
the
Muslim
laws,
and
thereafter,
had
physical
relationships.
It
added
that
the
status
report
given
by
the
police
showed
that
the
parties
were
living
with
each
other
as
husband
and
wife
and
there
was
no
averment
that
they
had
sexual
intercourse
before
their
marriage
which
could
attract
law
against
child
sexual
abuse.
The
court
also
ordered
police
to
provide
personal
protection
to
the
couple.

According
to
the
parents,
their
daughter
was
15-years-old
while
the
man
was
25
years
when
they
got
married.
“The
doing
of
the
same
will
tantamount
to
the
encroachment
of
personal
space
by
the
State,”
the
Court
said.

The
parents
of
the
girl,
on
March
5,
registered
a
case
in
Dwarka
district
under
sections
376
of
the
Indian
Penal
Code
and
section
6
(aggravated
penetrative
sexual
assault)
of
the
Protection
of
Children
from
Sexual
Offences
(POCSO)
Act
alleging
that
the
minor
was
kidnapped.
The
couple
had
moved
to
High
Court
in
April
seeking
police
protection
and
a
direction
that
nobody
separate
them
from
each
other.

During
the
hearing,
her
counsel
produced
her
Aadhaar
Card
which
showed
that
she
is
over
19-years
old.
However,
the
counsel
for
the
girl
told
the
court
that
she
is
pregnant
and
had
eloped
with
the
man
out
of
her
own
free
will
and
consent.

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in
Assam
shunned
over
inter-caste
marriage

The
girl
informed
the
court
that
she
was
regularly
beaten
by
her
parents
and
they
forcibly
tried
to
marry
her
to
someone
else.
The
police
had
recovered
the
girl
from
the
custody
of
the
man
on
April
27.
She
was
produced
before
the
child
welfare
committee
(CWC).