rehbur (eng) 19 February 2015

Legal minimum age for marriage of muslim girl?

I am little confused about legal minimum age of marriage for a muslim girl.

I have read on internet/news that different High court from Kerala, Gujrat and Delhi allowed a 17 year old girl to get married according Muslim law.

If it is OK, then do we have any reference or govt document, which says it is legal to get married at age of 17(for girls), so we can show in case any government officer ask?

In PCMA its stated that all should follow the age restriction of 18 for girl, except JK state. But In Muslim Personal Law Act 1937, it state that girl can get married after 15(age of puberty). This makes me confused.

Suggest what should I do in this situation.

Really appreciate your help.

Best Regards,
Rehbur.

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3 Replies

Mohammed Ameenuddin (Sr. Legal Manager) 19 February 2015

The legal age for a marriage of a girl in India is 18 years. But as per Muslim Personal Law, the specific age is not defined as long as the girl reaches to the puberty which could be 15, 16, 17 or so on.

Justice JB Paridiwala of Gujrat High Court in his order said that "according to Muslim Personal Law, a Muslim girl, if she attains puberty or completes the age of 15 years is competent to get married."

rehbur (eng) 20 February 2015

Thank you Sir. But will it work in Madhya pradesh. Because it was Gujrat High Court decision. And what reference I can show, if any official ask?

Please suggest. And I really appreciate your help.

Regards,

Rehbur.

N.K.Assumi (Advocate) 01 March 2015

In absence of any such edict of laws in your State the Decision of Gujurat High Court will only have persuasive force in Madhya Pradesh Court.In case the Judge finds the Gujurat High Court decisions as sound and reasonable it will followed the same with binding force.