A Supreme Court bench of Chief Justice D Y Chandrachud and Justice P S Narasimha agreed to examine the plea of the National Commission for Protection of Child Rights', challenging the Punjab and Haryana High Court order that a Muslim girl can marry a person of her choice after attaining puberty.
The apex court on Friday held that the high court judgment, that a Muslim girl aged 15 years can enter into a legal and valid marriage as per personal law, should not be relied on as a precedent in any other case.
A bench of Chief Justice D Y Chandrachud and Justice P S Narasimha issued notices to the Haryana government and others and appointed senior advocate Rajshekhar Rao as amicus curiae in the matter to assist the court. "We are inclined to entertain these writ petitions. Issue notice. Pending further orders, impugned judgment (of HC) shall not be relied upon as precedent," the bench said.
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Solicitor General Tushar Mehta submitted that Muslim girls of ages 14, 15, 16 are getting married. "Can there be a defence of personal law? Can you plead custom or personal law as a defence against a criminal offence?" he asked.
The age of attaining puberty is 15 years according to applicable personal laws in Islam. The high court had passed the order while hearing a habeas corpus petition filed by a 26-year-old man against the detention of his 16-year-old wife in a children's home in Panchkula.
It observed that 15 years is the age of puberty of a Muslim female, and on her own will she can consent and marry a person of her choice after attaining the age. Such a marriage would not be void in terms of Section 12 of the Prohibition of Child Marriage Act 2006, it said.
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(With PTI inputs)
