The Punjab and Haryana High Court has said that under Muslim personal law, a person who has attained puberty is presumed to be competent to marry a person of their choice.
The observation came while hearing a petition filed by a Muslim couple seeking protection of their life and liberty after marrying against the wishes of the woman’s family.
Justice Vikram Aggarwal noted that the man was 26 years old, while the woman was 17 years and 8 months old. The couple had performed Nikah under Muslim rites on August 22, 2026.
Court Refers to Muslim Personal Law
The court observed that Muslims are governed by Muslim personal law in matters relating to marriage.
“Though petitioner No.1 is 26 years of age, the age of petitioner No.2 is 17 years and 8 months. However, the fact remains that the petitioners, being Muslims, are governed by the Muslim Personal Laws,” Justice Aggarwal said.
The court added that under Muslim personal law, a boy or girl who has attained puberty, presumed to be 15 years in the absence of evidence to the contrary, is at liberty to marry a person of their choice.
The observation was based on Article 195 of Sir Dinshah Fardunji Mulla’s Principles of Mohammedan Law, which states that every Muslim of sound mind who has attained puberty may enter into a marriage contract. The provision also presumes puberty at the age of 15 if there is no evidence to establish otherwise.
Couple Sought Protection From Family
According to the petition, the couple had known each other for some time and decided to marry. The woman’s father allegedly opposed the relationship.
She left her parental home on August 22 and married the man on the same day according to Muslim rites.
The couple later submitted a representation to the police on August 30, alleging danger to their life and liberty from the woman’s family members. After no decision was taken on their representation, they approached the High Court.
Their lawyer argued that under Muslim personal law, puberty and majority are treated as synonymous for marriage purposes and that guardian consent is not required once a person has attained puberty.
Court Cites Earlier Judgments
The High Court referred to its earlier decision in Kammu v. State of Haryana, 2010, where it was held that a Muslim boy or girl who has attained puberty can marry a person of their choice.
The court also relied on Gulam Deen v. State of Punjab, 2022, which held that petitions of this nature primarily concern the protection of life and liberty under Article 21, rather than a final determination of the validity of the marriage.
“Merely because the petitioners have got married against the wishes of their family members, they cannot possibly be deprived of the fundamental rights as envisaged in the Constitution of India,” the court said.
The state counsel did not dispute the facts or the legal position cited by the petitioners.
Police Asked to Examine Protection Plea
The High Court did not make any final observation on the validity of the marriage.
Instead, it directed the Senior Superintendent of Police (Rural), Ludhiana, to consider the couple’s August 30 representation and take appropriate action, if required, in accordance with law.
The petition was disposed of with these directions.
