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'15-year-old Muslim girl can marry of her own free will', HC orders
'15-year-old Muslim girl can marry of her own free will', HC orders

Ranchi:  The Jharkhand High Court has given another big decision quoting Islamic law. While hearing a case, the High Court said that any Muslim girl who completes 15 years of age can marry a boy of her choice. There should be no obstacles. Contrary to Islamic law, the minimum age of marriage for girls in Indian law is 18 years, and marriage below that is punishable by jail. Indian law applies to people of all religions except Muslims all over the country, while courts for Muslims also give decisions according to Islamic law.  

According to the report, the high court gave this decision while hearing a petition challenging the FIR lodged by the girl's father. The petition was filed by the girl's husband. He had sought relief from the High Court through his petition. The case was heard by a bench of Justice S K Dwivedi in the Jharkhand High Court. The court, while hearing the case, said that as per Islamic law, a Muslim girl aged 15 years or above is free to marry a person of her choice. With this, the court has declared the FIR lodged by the girl's father as null and void. The court had recorded the statement of the boy and the girl just before this decision. In this, the girl expressed her desire to stay with her husband.

The girl, a resident of Jugsalai in Jamshedpur, Jharkhand, and Mohammad Sonu, a resident of the Nawada district of Bihar, were having an affair for a long time. Both of them ran away from home and got married. However, the girl's father lodged a case against the boy under other relevant sections, including luring her into marriage and kidnapping. When the police started trying to arrest Mohammad Sonu, he approached the High Court and challenged his father-in-law's FIR.

After the high court's decision, the girl's father has also given his consent. He filed an affidavit saying he had no objection to his daughter's marriage. They had some misunderstandings. Due to this misunderstanding, he filed an FIR. But now everything is fine.

What is the law for all other religions:

Child marriage is a punishable offense under the Prohibition of Child Marriage Act, 2006 for everyone except Muslims. Marriage of any girl who is 18 years old and a boy whose age is not 21 years is prohibited. According to this Act, action will be taken under the Child Marriage Act and POCSO Act, which is punishable. Not only this but there is also a provision for punishment for persons who are involved in child marriage. Under the provisions of the Prohibition of Child Marriage Act, 2006, there is a provision of rigorous imprisonment of two years and a fine of One lakh rupees for the person performing the rituals and those who did the child marriage.

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