New Delhi: The Delhi High Court ordered that a Muslim girl can marry upon reaching puberty irrespective of her age as per the 'Mohemmadan Law', the Muslim Personal Law (Shariat) Application Act, 1937. The husband cannot be booked under The Protection of Children from Sexual Offences Act in such cases, it added.
In the order dated August 17, Justice Jasmeet Singh also said that the permission of parents were not required in such marriages. He was pronouncing the verdict on a case filed by parents of a girl, against her marriage which took place without their consent. According to family, she had turned only 15 in March 2022 while the documents presented before the court claimed her age is 19.
The court noted that the Punjab and Haryana High Court had earlier relied on the book ‘Principles of Mohammedan Law' by Sir Dinshaw Fardunji Mulla on deciding on a similar case.
The complaint of the parents against the husband had invoked several sections of POCSO Act. The court clarified that there was no coercion in this case and the girl married the man as she fell in love with him.