Top Court issues notice in NCPCR's plea challenging order that Muslim girl can enter into a valid marriage on attaining puberty
In the impugned order of the High Court, it was observed that merely because the petitioners had gotten married against the wishes of their family members, they could not possibly be deprived of the fundamental rights as envisaged in the Constitution of India.
The Supreme Court today issued notice in an appeal filed by the National Commission for Protection of Child Rights (NCPCR) challenging a recent ruling of the Punjab & Haryana High Court which held that a Muslim girl can enter a valid marriage once she attains puberty.
Since the case was called out after 4 PM, due to paucity of time, SG Tushar Mehta informed the CJI Chandrachud led bench that the matter required a proper hearing.
On hearing the same, the bench also consisting of Justices Pardiwala and PS Narasimha ordered that the matter be kept in March on a non-miscellaneous day.
"Issue Notice, make it returnable in March. Keep it on a non-miscellaneous day", thus ordered the bench.
In October last year, a division bench of Justices SK Kaul and AS Oka had agreed to consider whether a Muslim girl can enter into a valid marriage once she attains the age of puberty.
Granting protection to a 16 -Year-Old Muslim Girl who married a 21-year-old Muslim boy against her families' wishes, Justice Jasjit Singh Bedi of the Punjab High Court had observed that the marriage of a Muslim girl is governed by the Muslim Personal Law and the girl being over 16 years of age was competent to enter into a contract of marriage with a person of her choice.
Solicitor General Tushar Mehta, appearing on behalf of NCPCR, had told the top court that he required to draw the court's attention towards the violation of penal provisions under POCSO Act and other relevant laws by the impugned judgment.
"I am not against the protection granted to the girl. But stay that part of order", SG Mehta told the bench.
SG Mehta had also referred to a recent decision of the Delhi High Court wherein it was held that under the Muslim Law a young girl who has attained puberty has the right to marry without parental approval and the right to live with her husband, even if she is under the age of 18.
After discussing among itself, the Top Court division bench had observed that the issue before it required consideration. Accordingly, it appointed Senior Advocate Rajshekhar Rao as an Amicus Curiae in the matter.
Case Title: NCPCR vs. Gulaam Deen and others