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In a recent ruling, the Punjab and Haryana High Court has once again held that a minor muslim girl can enter into a valid marriage upon attaining puberty, the age of which is 15 years according to applicable personal laws in Islam.

"Such a marriage would not be void in terms of Section 12 of the Prohibition of Child Marriage Act 2006," Justice Vikas Bahl said in his order.

The High Court was considering the Writ petition seeking her release from a child custody agency in Panchkula as she wished to reside with him. The statement of the girl before the magistrate under section 164 CrPc stated that that her family forcibly engaged her to her maternal uncle.

The minor girls' advocate, Uday Chauhan told court that she had run from the house along with the 26 year old out of her own will as the and wished to marry him. Thus, she performed Nikah with him on July 27, 2022.

The State's counsel on the other hand argued that the girl had been kept in the Child care agency as she was less that 18 years.

Relying on Yunus Khan vs. State of Haryana & Ors, a coordinate bench judgment of the instant high court, the Court said that marriage of a Muslim girl continues to be governed by the personal law of Muslims and 15 years is the age of puberty of a Muslim female, and on her own willingness and consent, after attaining puberty (15 years of age) can marry a person of her choice.

On June 20, the High Court had granted protection to a 16 -Year-Old Muslim Girl who married a 21-year-old Muslim boy against families' wishes in a similar ruling. This was then challenged in the Supreme Court by the National Commission for Protection of Child Rights (NCPCR) in appeal and the top court has agreed to hear it.

Case Title: Jave Vs. State of Haryana & Ors.