SC issues notice on whether Muslim girl can marry person of her choice after attaining puberty

A bench of chief justice DY Chandrachud and justice PS Narasimha issued notices to the Haryana government and others and appointed senior advocate Rajshekhar Rao as amicus curiae in the matter to assist the court.

The Supreme Court (SC) on Friday agreed to examine the National Commission for Protection of Child Rights’ plea challenging the Punjab and Haryana high court (HC) order that a Muslim girl can marry a person of her choice after attaining puberty. The top court held that the HC judgment, which held that a Muslim girl aged 15 can enter into a legal and valid marriage as per personal law, should not be relied on as a precedent in any other case.

The Supreme Court (SC) on Friday agreed to examine the National Commission for Protection of Child Rights’ plea challenging the Punjab and Haryana high court (HC) order that a Muslim girl can marry a person of her choice after attaining puberty (Getty Images)

A bench of chief justice DY Chandrachud and justice PS Narasimha issued notices to the Haryana government and others and appointed senior advocate Rajshekhar Rao as amicus curiae in the matter to assist the court. “We are inclined to entertain these writ petitions. Issue notice. Pending further orders, impugned judgment (of HC) shall not be relied upon as precedent,” the bench said.

Solicitor general Tushar Mehta submitted that Muslim girls who are 14, 15, 16 years old are getting married. “Can there be a defence of personal law? Can you plead custom or personal law as a defence against a criminal offence?” he asked. The age of attaining puberty is 15 years according to applicable personal laws in Islam.

The HC had passed the order while hearing a habeas corpus petition filed by a 26-year-old man against the detention of his 16-year-old wife in a children’s home in Panchkula.