Muslim personal law and marriage

In its ruling, the court stated that as a Muslim woman, she was free to marry anybody she wanted once she entered puberty, suggesting that the nation's legal age of marriage does not pertain to the Muslim community. The custodian had no right to be involved, according to the court.

The Muslim Personal Law governs the marriage of a Muslim woman, according to the law. The girl is capable of entering into a contract of marriage with an individual of her selection, according to Article 195 of the book "Principles of Mohammedan Law by Sir Dinshah Fardunji Mulla." Her partner is said to be in his late thirties. As a result, the girl has reached the age of marriageable age as defined by Muslim Personal Law.

The court cannot turn a blind eye to the fact that the petitioners' concerns must be discussed. The petitioners cannot be denied their fundamental rights under the Constitution simply because they married against their family's wishes.

Smriti Irani, the Union Minister for Women and Child Development, recently implemented the Prohibition of Child Marriage (Amendment) Bill 2021. The bill aimed to raise the age of marriage for girls to 21 years old, the same as for boys. In addition, when presenting the bill, the minister stated that it would apply to all girls, irrespective of faith.

Regards,

Anaita Vas