The supreme court on Friday issued notices to the Haryana government and others on the plea filed by the National Commission for the Protection of Child Rights’ petition challenging the Punjab and Haryana High Court’s order that a Muslim girl under the age of 15 can enter into a legal and valid marriage under personal law.
A bench of Chief Justice DY Chandrachud and Justice PS Narasimha appointed senior advocate Rajshekhar Rao as amicus curiae in the matter to assist the court. The Top court observed that a high court decision should not be used as a precedent in any other case.
Appearing for NCPCR, Solicitor General Tushar Mehta submitted that Muslim girls who are 14, 15, 16 years old are getting married. He questioned, ” Can you plead custom or personal law as a defence against a criminal offence?”
The Supreme Court was hearing a plea filed by NCPCR petition challenging the Punjab and Haryana High Court’s order that a Muslim girl can marry whoever she wants after reaching puberty.
Recently, The Punjab and Haryana High Court passed this order on a habeas corpus petition which was filed by a 26-year-old man against the detention of his 16-year-old wife in a children’s home in Panchkula.
The high court in its judgement observed that a Muslim female’s puberty age is 15 years, and she can marry a person of her choice after reaching puberty on her own will and consent. According to Section 12 of the Prohibition of Child Marriage Act 2006, such a marriage would not be void.
