Chandigarh: In a recent judgment, the Punjab and Haryana High Court has cited Muslim personal law saying that a minor Muslim girl can be bound in marriage. Provided that he is physically and mentally healthy. The High Court cited Article 195 of Muslim Personal Law for this in which it was said that any Muslim has the right to marry after reaching puberty if she is mentally healthy.

The court gave this decision on the petition of a couple from Punjab. The 36-year-old male petitioner and the 17-year-old girl had told the court that they had recently performed marriage on 21 January according to the Muslim Personal Law Board. But their decision is not acceptable to the family, so they should be given police protection. The court has said in its order that if no evidence is present then a girl can be considered to be physically mature after completing 15 years of age. Justice Alka Sarin has ordered the Superintendent of Police of Mohali (SAS Nagar) to give protection to this Muslim couple.

Citing Muslim personal law, the court has clarified that if the boy or girl is not ready for marriage or is mentally unhealthy, then that marriage cannot be justified because consent is necessary for marriage.

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