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Legal age of marriage for muslim girl

Querist : Anonymous (Querist) 06 November 2023 This query is : Resolved 
Respected Sir / Madam,

Can a Muslim Girl of 16 years legally wedded to a Muslim Boy of 24 years in India ?

I shall be ever grateful to you.

Thanking you,
kavksatyanarayana (Expert) 06 November 2023
No. The age for the boy is 21 and for the girl 18 years.
Querist : Anonymous (Querist) 06 November 2023
Sir, is the Muslim Personal Law not applicable in this case ? Kindly guide.
Sudhir Kumar, Advocate Online (Expert) 07 November 2023
Not applicable on the age of marriage.

the boy will be liable under POSCO Act.
Querist : Anonymous (Querist) 07 November 2023
Heartfelt Gratitude towards the esteemed EXPERTS.
kavksatyanarayana (Expert) 07 November 2023
Welcome.................
T. Kalaiselvan, Advocate (Expert) 08 November 2023
It observed that 15 years is the age of puberty of a Muslim female, and she can on her own willingness and consent marry a person of her choice after attaining puberty. Such a marriage would not be void in terms of Section 12 of the Prohibition of Child Marriage Act 2006,
Querist : Anonymous (Querist) 08 November 2023
Respected T .Kalaiselvan Sir, Please be kind enough to provide the citation which is the base of such observation.
I shall remain grateful 🙏.
Regards
T. Kalaiselvan, Advocate (Expert) 09 November 2023
In a case before supreme court, the NCW, while petitioning to bring the marriageable age to 18 years of all the religions, has averred in its petition as below:
Under the Indian Christian Marriage Act, 1872, Parsi Marriage and Divorce Act, 1936, Special Marriage Act, 1954 and Hindu Marriage Act, 1955, the minimum age of marriage for a man is 21 years and for a woman is 18 years. However, under the Muslim personal law in India, which continues to remain uncodified and unconsolidated, persons who gave attained puberty are eligible to get married i.e. on attaining the age of 15 years, while they are still minor
A Bench led by Chief Justice of India D.Y. Chandrachud issued a formal notice on the petition filed by the National Commission for Protection of Child Rights (NCPCR) against a recent order of the Punjab and Haryana High Court that a girl, on attaining puberty or the age of 15 years and above, could be married on the basis of Muslim personal law, irrespective of the provisions of Protection of Children from Sexual Offences Act.
The Supreme Court on January 13 decided to examine whether girls as young as 15 years can enter into wedlock on the basis of custom or personal law when such marriages constitute an offence in statutory law..
The case is yet to be disposed by supreme court, hence you may await the verdict.


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