Delhi Minor Muslim Girl Marriage : While hearing a case on Tuesday, the Delhi High Court gave an important remark on a 15-year old girl's marrying without parent's consent. The court claimed that the minor's marriage was legal under Muslim Personal Law and does not require parent's consent.
The Delhi High Court was hearing the case filed against a 15-year old girl and her husband who got married as per the Muslim Personal Law. The case claimed that the minor girl married against her parent's consent and is also underage. Hence, the couple must be separated under the Protection of Children from Sexual Offences (POCSO) Act. However, the court not only called the minor's wedding and the decision to live together legal, it also refused to separate the couple, claiming it to be in their best interests.
Delhi Minor Muslim Girl Marriage Case : HC Calls Marriage Without Parent's Consent Legal
Stating the provisions of the Muslim Personal Law, under which the couple got married, the HC observed that a minor girl can marry anyone with her will after attaining puberty. She does not need parent's consent and can live with her husband even if she is under the age of 18-years old. The court observed that POCSO Act cannot be applied to such cases as the purpose of the Act is to protect children against exploitation. "It is not customary law specific but the aim is to protect children below the age of 18 years from sexual abuse", the HC reportedly observed.
"If the petitioner has willfully consented to the marriage and is happy, the state is no one to enter the private space of the petitioner and separate the couple. Doing so will tantamount to encroachment of personal space by the state," is what the HC reportedly said on the plea to separate the couple. The court claimed that the duty of the court is to protect the best interests of the couple and if they want to live with each other, they can do so as it is deemed legal by the Muslim Personal Law.
The couple allegedly got married on March 11, 2022 after being in love with each other. Both the petitioners willfully consented to the marriage and were living as husband and wife. As there was lack of affirmation to prove that the couple had physical relationship before marriage, the court observed that physical relationship was established after marriage. The court also said that as the couple was lawfully wedded and the 15-year old was pregnant, the court cannot deny them to live with each other as the separation would also be traumatic for her and her child.
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