Muslim Girl Can Marry Without Parents' Consent On Attaining Puberty: Delhi HC

In accordance with Mohammedan law, a young girl who has attained puberty is permitted to marry without the consent of her parents and to live with her spouse, even if she is younger than 18. The Delhi High Court observed this.

Justice Jasmeet Singh made the remark while granting protection to a Muslim couple who wed in March of this year in accordance with Muslim rituals and traditions. The request was made by the couple in an effort to keep them together.

The girl's parents opposed the union and filed a FIR against the spouse in accordance with section 363 of the IPC. Later, the POCSO's sections 376 and 6 were introduced.

The girl said she eloped and got married of her own free will and that she routinely suffered abuse from her parents.

According to the State's status report, which stated the girl's birthdate as August 2, 2006, she was only 15 years and 5 months old at the time of the marriage.

In April of this year, the girl was taken out of the husband's custody and taken to Delhi's Deen Dayal Upadhyay Hospital for a medical checkup (DDU).

The duo engaged in sexual activity and were expecting a child together, according to the status report.

The Court noted in granting the couple protection: The Court was of the opinion that the POCSO Act will not be drawn to the present case as it is not a case of sexual exploitation but rather one in which the couple was in love, got married in accordance with Muslim law, and then had physical relationships.

The pair, who were legally married, could not, it was decided, be denied their own company, which is what makes a marriage function."

If the petitioners are divided up, the petitioner no. 1 and her unborn child would only experience more trauma. The state desires to protect Petitioner No. 1's best interests in this instance "according to the Court.

It contained "If the petitioner voluntarily consented to the marriage and is happy with it, the state has no power to invade their private space and divorce them. The state will be violating people's privacy by doing the same."

The court ruled that the girl was free to join her husband's business if she so desired.

The petitioners have a right to be together, and the respondent nos. 1 through 3 are required to ensure their protection and safety, the court decided.

The petition was granted in this fashion.

FIJA & ANR. Vs State