Can Minor Muslim Girl Marry On Attaining Puberty? Supreme Court To Examine Correctness Of HC Judgment, Issues Notice On NCPCR Plea
2 years, 2 months ago

Can Minor Muslim Girl Marry On Attaining Puberty? Supreme Court To Examine Correctness Of HC Judgment, Issues Notice On NCPCR Plea

Live Law  

The Supreme Court on Monday issued notice on the petition filed by the National Commission for the Protection of Child Rights challenging a recent judgement of the Punjab and Haryana High Court which held that a 16-year-old Muslim girl can enter into a valid marriage.A bench comprising Justices Sanjay Kishan Kaul and Abhay S Oka appointed Senior Advocate R Rajasekhar Rao as an. The Supreme Court on Monday issued notice on the petition filed by the National Commission for the Protection of Child Rights challenging a recent judgement of the Punjab and Haryana High Court which held that a 16-year-old Muslim girl can enter into a valid marriage. The High Court had granted protection to a Muslim couple while noting that girl, who has attained puberty is of Marriageable Age under Muslim Personal Law. The High Court had noted that as per Article 195 from the book 'Principles of Mohammedan Law by Sir Dinshah Fardunji Mulla', every Mahomedan of sound mind, who has attained puberty, may enter into a contract of marriage, and Puberty is presumed, in the absence of evidence, on completion of the age of fifteen years.

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History of this topic

Man allegedly raped wife's minor sister, then claimed he married her too. Delhi HC acquits citing Muslim law
1 year, 4 months ago

Man allegedly raped wife's minor sister, then claimed he married her too. Delhi HC acquits citing Muslim law

Firstpost  

The incident came to light through a first information report filed by the child’s mother, asserting that during October and November 2014, while the child was alone, the accused visited their residence four to five times and committed sexual assault The Delhi High Court has recently reaffirmed the acquittal of a Muslim man who had been accused of sexually assaulting …

Explained | Why is the Supreme Court examining marriage laws for minors?
1 year, 10 months ago

Explained | Why is the Supreme Court examining marriage laws for minors?

The Hindu  

The story so far: Earlier this month, the Supreme Court announced that it would examine whether minor girls, as young as 15 years, can marry on the basis of custom or personal law when such marriages are considered an offence in statutory law. On January 13, the Supreme Court said it would examine whether girls as young as 15 years …

Supreme Court to examine whether girls aged 15 can be married off under Muslim personal law when statutes make it an offence
1 year, 11 months ago

Supreme Court to examine whether girls aged 15 can be married off under Muslim personal law when statutes make it an offence

The Hindu  

The Supreme Court on January 13 decided to examine whether girls as young as 15 years can enter into wedlock on the basis of custom or personal law when such marriages constitute an offence in statutory law. Chandrachud issued a formal notice on the petition filed by the National Commission for Protection of Child Rights against a recent order of …

Don't Treat P&H HC Judgment Allowing Minor Muslim Girl To Marry As Precedent, Says Supreme Court
1 year, 11 months ago

Don't Treat P&H HC Judgment Allowing Minor Muslim Girl To Marry As Precedent, Says Supreme Court

Live Law  

The Supreme Court on Friday stated that the judgment of the Punjab and Haryana High Court in the case Javed v. State of Haryana and Others, which held that a Muslim girl aged 15 years can enter into a legal and valid marriage as per personal law, should not be relied upon as a precedent in any other case.A bench …

SC seeks Centre’s response on NCW’s plea seeking uniform marriageable age
2 years ago

SC seeks Centre’s response on NCW’s plea seeking uniform marriageable age

Firstpost  

The petition, which cited a recent decision of the Delhi High Court allowing a minor Muslim girl’s marriage on the ground that it is permitted under the Muslim personal law, sought equal application of penal laws to Muslim women who were married off before attaining the age of majority New Delhi: The Supreme Court has sought the Centre’s response on …

Supreme Court Issues Notice On NCW Plea Challenging Muslim Personal Law Allowing Minor Girls To Marry On Attaining Puberty
2 years ago

Supreme Court Issues Notice On NCW Plea Challenging Muslim Personal Law Allowing Minor Girls To Marry On Attaining Puberty

Live Law  

The Supreme Court, on Friday, issued notice in a plea filed by National Commission for Women for enforcement of fundamental rights of minor Muslim women seeking uniform application of penal laws to Muslim women, who contract marriage before attaining the age of majority, irrespective of what is professed in personal laws. The petition notes that the 'minimum' age of marriage' …

SC seeks Centre's response to plea for uniform age of marriage for women, irrespective of religion
2 years ago

SC seeks Centre's response to plea for uniform age of marriage for women, irrespective of religion

India Today  

The Supreme Court on Friday sought the Centre’s response to a plea by the National Commission for Women, seeking a "uniform age of marriage" for women, irrespective of their religion or personal laws. The NCW has pointed out that the minimum age of marriage' under various personal laws is consistent with the prevailing penal laws, except in the Muslim Personal …

MP High Court Refuses Bail To POCSO Accused, Says He Can't Seek Benefit Merely Because Victim's Religion Permits Marriage After Puberty
2 years, 1 month ago

MP High Court Refuses Bail To POCSO Accused, Says He Can't Seek Benefit Merely Because Victim's Religion Permits Marriage After Puberty

Live Law  

The Madhya Pradesh High Court recently denied relief to an accused under the POCSO Act who sought the concession of bail on the ground that the victim was a Muslim girl, who, though minor, had attained the age of puberty and the consent given by her is valid in law. The Court however pointed that those cases involved married parties …

HC says Law Commission needs to rethink age criteria for consensual sex
2 years, 1 month ago

HC says Law Commission needs to rethink age criteria for consensual sex

The Hindu  

The High Court of Karnataka has said that the Law Commission of India will have to rethink the age criteria in law for having consensual sex to address the issue of instances of sexual intercourse as a result of mutual love affair amongst minor girls and boys, who are aged above 16 but are below 18. A Division Bench, comprising …

POCSO Act overrides personal laws on age for sexual activities: HC
2 years, 1 month ago

POCSO Act overrides personal laws on age for sexual activities: HC

The Hindu  

The substantive and special enactments like the Indian Penal Code and the Protection of Children from Sexual Offences Act overrides the personal laws on age for having sexual activities, the High Court of Karnataka has observed while considering the petitions filed by two Muslim men, who had sought bail in separate criminal cases registered against them for having sexual relationship …

Muslim girls above 15 years can marry, it would not violate the Prohibition of Child Marriage Act: Punjab and Haryana HC cite Sharia law
2 years, 1 month ago

Muslim girls above 15 years can marry, it would not violate the Prohibition of Child Marriage Act: Punjab and Haryana HC cite Sharia law

Op India  

The Punjab and Haryana High Court recently reaffirmed that a Muslim girl who reaches the age of 15 can marry whoever she wants, and such a marriage would not violate the Prohibition of Child Marriage Act. In his order, Justice Vikas Bahl stated, “Such a marriage would not be void in terms of Section 12 of the Prohibition of Child …

NCPCR challenges marriage of minor girls in Sharia as ‘sexual assault’; Supreme Court ready to examine
2 years, 2 months ago

NCPCR challenges marriage of minor girls in Sharia as ‘sexual assault’; Supreme Court ready to examine

Firstpost  

NCPCR has challenged an order of Punjab and Haryana High Court from June this year wherein it had cited Sharia Law and held that a 16-year-old Muslim girl could enter into a valid marriage New Delhi: The Supreme Court has agreed to examine a petition of the National Commission for Protection of Child Rights challenging an order of Punjab and …

Delhi HC cites Sharia to justify child marriage, calls a 15-year-old's marriage legal
2 years, 4 months ago

Delhi HC cites Sharia to justify child marriage, calls a 15-year-old's marriage legal

Op India  

The Delhi High Court recently justified child marriage by upholding the legality of a 15-year-old minor girl’s marriage, stating that she is of ‘Marriageable Age’ under Islamic Sharia Law. Granting protection to the couple, the Court observed: “It is thus clear that as per Mohammedan Law girl who had attained the age of puberty could marry without the consent of …

Minor girl can marry without parents consent under Muslim Personal Law, says Delhi HC
2 years, 4 months ago

Minor girl can marry without parents consent under Muslim Personal Law, says Delhi HC

India Today  

The Delhi High Court, while hearing a case on Tuesday, observed that as per the Muslim Personal Law, a minor girl who has attained puberty can marry without her parents’ consent. The court rejected arguments that the Protection of Children from Sexual Offences Act might be applied in such cases and said the act’s objective is to ensure that children …

PIL Against Permissibility Of Marriage Of Girls Below 18 Yrs Of Age Under Muslim Law: Uttarakhand HC Issues Notice
2 years, 5 months ago

PIL Against Permissibility Of Marriage Of Girls Below 18 Yrs Of Age Under Muslim Law: Uttarakhand HC Issues Notice

Live Law  

The Uttarakhand High Court recently sought the reply of the state government as well as of the Centre on a Public Interest Litigation plea questioning the permissible age of marriage under Muslim Law.The PIL plea further seeks a direction to the Union of India to take immediate measures for effective implementation of "The Prohibition of Child Marriage Bill, 2021"It may …

Muslim mother cannot be a guardian of minor children, rules Kerala HC
2 years, 5 months ago

Muslim mother cannot be a guardian of minor children, rules Kerala HC

New Indian Express  

KOCHI: A division bench of the Kerala High Court has observed that it cannot hold a Muslim woman can be the guardian of her minor child's property since it is bound by the precedents of the Supreme Court. Sudha observed that even though the personal law which prevents Muslim women from being guardians can be argued to be violative of …

Muslim girl aged above 15 competent for marriage: Punjab and Haryana High Court
2 years, 6 months ago

Muslim girl aged above 15 competent for marriage: Punjab and Haryana High Court

The Hindu  

The Punjab and Haryana High Court has held that a Muslim girl above 15 years of age is competent to enter into a contract of marriage with a person of her choice. Justice Jasjit Singh Bedi’s assertion came during a petition filed by a Muslim couple, who fell in love and solemnised their marriage on June 6, 2022, as per …

Punjab and Haryana HC cites Sharia to justify child marriage
2 years, 6 months ago

Punjab and Haryana HC cites Sharia to justify child marriage

Op India  

On Monday, the Punjab and Haryana High Court ruled that a Muslim girl above the age of 16 years is competent to marry any person of her choice. Observations made by the Punjab and Haryana High Court The Court ruled that a Muslim marriage is governed by the Muslim personal law, which allows marriage above the age of 16 years. …

Is it right to increase the age of marriage of women to 21?
2 years, 11 months ago

Is it right to increase the age of marriage of women to 21?

The Hindu  

In the recent session of Parliament, the government introduced the Prohibition of Child Marriage Bill, 2021, to raise the age of marriage for women from 18 years to 21 years. Noorjehan Safia Niaz: The main concern of this law is not so much about equality but to raise the age of marriage for women to 21 years. Noorjehan Safia Niaz: …

The Prohibition of Child Marriage (Amendment) Bill has a flawed notion of gender justice
2 years, 11 months ago

The Prohibition of Child Marriage (Amendment) Bill has a flawed notion of gender justice

The Hindu  

It has become a habit of sorts for the National Democratic Alliance government to usher in legislation that either no one wants or that defies logic. Therefore, there has been a steady increase in enrolment in higher education by women even when the legal age of marriage was set at 18. If 40.8 per cent women were married off before …

Is Amendment to Marriage Act a Precursor to Uniform Civil Code?
2 years, 11 months ago

Is Amendment to Marriage Act a Precursor to Uniform Civil Code?

News 18  

The Modi government has stoked yet another controversy by introducing the Prohibition of Child Marriage Bill, which seeks to raise the marriageable age of women to 21 years, making it uniform for both women and men. Since various Opposition parties, Muslim officials, and Muslim clerics have declared resistance to the notion, they say, the BJP in Uttar Pradesh will be …

Muslim Girl Free to Marry on Attaining Puberty, Says Punjab & Haryana HC on Plea by 17-year-old
2 years, 11 months ago

Muslim Girl Free to Marry on Attaining Puberty, Says Punjab & Haryana HC on Plea by 17-year-old

News 18  

A Muslim girl is free to marry anyone of her choice once she attains puberty, the Punjab and Haryana High Court has said while ordering the police to protect a 17-year-old Muslim girl who married a 33-year-old Hindu man against the wishes of her family. Justice Harnaresh Singh Gill made the observation while hearing a protection plea filed by the …

Not all Muslims oppose marriage bill
3 years ago

Not all Muslims oppose marriage bill

The Hindu  

While Muslim political parties have opposed amendments to the child marriage law to raise the age at marriage for women to 21, terming them an attack on personal laws, voices within the community advocating equal rights, have welcomed the move. It also says that it will over ride all personal laws — section 2 of the Amendment Bill states that …

'Aimless, uneducated girls will go astray if not married soon': Nuh Bar Association president
3 years ago

'Aimless, uneducated girls will go astray if not married soon': Nuh Bar Association president

Op India  

As fundamentalist and regressive forces continue to oppose the Centre’s proposal to raise the age of legal marriage for women from 18 to 21, Sajid, the president of Nuh District Bar Association said that “aimless and uneducated women” would transgress if they remain unmarried till the age of 21. But those who have no aim, are uneducated, are considered ‘burden’ …

Amendments to marriage age contradict other laws
3 years ago

Amendments to marriage age contradict other laws

The Hindu  

The amendments proposed to the anti-child marriage law defines a child as someone under the age of 21 years and contradicts laws where the legal age of competence is recognised as 18 years. Senior advocate Indira Jaising tweeted: “How patronising and patriarchal to call someone over the age of 18 a ‘child’, ready and fit to vote but not to …

Raising Marriage Age of Women to 21 to Enable Them to Make Decisions, Be Self-Reliant: Bill - News18
3 years ago

Raising Marriage Age of Women to 21 to Enable Them to Make Decisions, Be Self-Reliant: Bill - News18

News 18  

The move to raise the minimum marriage of women to 21 is aimed towards the empowerment of women, gender equality, increasing the female labour force participation, making them self-reliant and “to enable them to take decisions themselves”, the government has said in the ‘Statement of Objects and Reasons’ of the bill introduced in Parliament. The bill says the amendments in …

Merely Because Adult Boy Is Not Of Marriageable Age, It Would Not Deprive Young Couple Of Their Right To Live Together: P & H High Court Grants Protection To Live-In Couple
3 years ago

Merely Because Adult Boy Is Not Of Marriageable Age, It Would Not Deprive Young Couple Of Their Right To Live Together: P & H High Court Grants Protection To Live-In Couple

Live Law  

While dealing with the protection plea of a young couple in a live-in relationship, the Punjab and Haryana High Court on Tuesday observed that merely because the adult boy is not of marriageable age, it would not deprive the young couple of their fundamental right as enshrined under Article 21 of the Constitution. Justice Harnaresh Singh Gill was adjudicating upon …

"Can't Rule Out Possibility Of Forced Marriage": P&H High Court Directs Inquiry Into Marriage Of 19 Yr Old Girl With 67 Yr Old Man
3 years, 4 months ago

"Can't Rule Out Possibility Of Forced Marriage": P&H High Court Directs Inquiry Into Marriage Of 19 Yr Old Girl With 67 Yr Old Man

Live Law  

Calling it a shocking case, the Punjab and Haryana High Court on Monday directed a team of police officials to enquire into the marriage of a 19-year-old Girl with a 67-year-old man.The Bench of Justice Jasgurpreet Singh Puri was hearing the protection plea of the couple who claimed that. Calling it a shocking case, the Punjab and Haryana High Court …

Prohibition Of Child Marriage Law Does Not Differentiate On Basis Of Religion: Punjab & Haryana High Court
3 years, 7 months ago

Prohibition Of Child Marriage Law Does Not Differentiate On Basis Of Religion: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court recently observed that even though Muslim Personal law permits marriage upon attaining the age of puberty, the Prohibition of Child Marriage Act, 2006 is a secular law and does not make any such distinction on the basis of religion. "Even though as per the Muslim Personal law a valid marriage can be contracted between …

Child Marriage And Muslim Personal Law In India
3 years, 9 months ago

Child Marriage And Muslim Personal Law In India

Live Law  

Recently, the High Court of Punjab & Haryana held that marriage between a 17 years old girl and 36 years old man is valid. This goes contrary to the Prohibition of Child Marriage Act, which prescribes 18 and 21 years as the age of marriage for female and male, respectively, and endangers the dignity of a girl child. By prescribing …

Pakistani MP in his late fifties accused of marrying 14-year-old Baloch girl
3 years, 9 months ago

Pakistani MP in his late fifties accused of marrying 14-year-old Baloch girl

Op India  

A probe has been launched by the Pakistani police into the marriage of a 14-year-old girl from Balochistan with Maulana Salahuddin Ayubi, a leader of Jamiat Ulema-e-Islam and a Member of the National Assembly of Pakistan. According to local Pakistani media agencies, the girl was a student of Government Girls High School, Jughoor, where her date of birth has been …

17-Yr-Old Muslim Girl Marries 36-Yr-Old Muslim Man- "Both Are Of Marriageable Age Under Muslim Personal Law": P&H High Court Grants Them Protection
3 years, 10 months ago

17-Yr-Old Muslim Girl Marries 36-Yr-Old Muslim Man- "Both Are Of Marriageable Age Under Muslim Personal Law": P&H High Court Grants Them Protection

Live Law  

The Punjab & Haryana High Court last month granted protection to a Muslim Girl who married a Muslim Man while noting that both are of Marriageable Age under Muslim Personal Law. Arguments put forth The counsel for the petitioners cited the rulings of the Punjab & Haryana High Court to contend that in Muslim law puberty and majority are one …

Muslim Girl Can Marry Anyone on Attaining Puberty, Rules Punjab and Haryana HC
3 years, 10 months ago

Muslim Girl Can Marry Anyone on Attaining Puberty, Rules Punjab and Haryana HC

News 18  

The Punjab and Haryana High Court has ruled that a Muslim girl below 18 years of age and has attained puberty is at liberty to marry anyone as per Muslim Personal Law. Referring to the Article 195 from the book ‘Principles of Mohammedan Law’ by Sir Dinshah Fardunji Mulla, the High Court observed that a Muslim girl on attaining the …

First Wife Not Consenting To Husband's Second Marriage Not A Relevant Factor In Protection Plea Of Muslim Couple: P&H High Court
4 years ago

First Wife Not Consenting To Husband's Second Marriage Not A Relevant Factor In Protection Plea Of Muslim Couple: P&H High Court

Live Law  

"The alleged illegality of the marriage of the petitioners having been solemnized without the consent of the first wife is not to be gone into in the present proceedings which are only regarding providing of protection to the petitioners", remarked the Punjab & Haryana High Court on Wednesday. Interestingly, in their plea for granting protection, the first wife of Man …

Children Attain Maturity Long Before They Turn 'Major': P&H HC Allows 17 Year Old Girl To Stay With Mother Of Boy She Married [Read Order]
4 years, 2 months ago

Children Attain Maturity Long Before They Turn 'Major': P&H HC Allows 17 Year Old Girl To Stay With Mother Of Boy She Married [Read Order]

Live Law  

Children these days attain both physiological as well as psychological maturity long before they complete the ages of majority fixed for them by the statute long ago, remarked the Punjab and Haryana High Court in a judgment passed last week.Justice Sanjay Kumar observed that it is scientifically recognized fact that girls tend to be more mature than boys of the …

Art. 21 Rights Sacrosanct Even Where Marriage Invalid/Void': P & H HC Grants Police Protection To Runaway Couple, Despite Groom Being Underage [Read Order]
4 years, 5 months ago

Art. 21 Rights Sacrosanct Even Where Marriage Invalid/Void': P & H HC Grants Police Protection To Runaway Couple, Despite Groom Being Underage [Read Order]

Live Law  

The Punjab and Haryana High Court last week addressed the conflict between the enforcement of fundamental rights to seek protection of "life and liberty" as enshrined under Article 21 viz-a-viz a conceded violation of Section 5 of the Hindu Marriage Act, 1955. "Without going into the merits of the validity of the marriage, I am of the view that every …

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