Ahmedabad: A Muslim girl may marry when she reaches puberty or full 15 years, the Gujarat High Court has said.
The court made the observation while canceling legal proceedings under the Act prohibiting child marriage with a Muslim girl who had married a 17 year old in your community.
Justice JB Pardiwala in the order adopted on December 2, said that according to Muslim personal law, a Muslim, if puberty is reached or completed the age of 15, is "competent" to marry.
"It is not disputed that the boy and girl are both Muslims. According to the Law on Personal Muslims, the girl did not before it reaches puberty or full 15 years, whichever occurs first, is competent to marry without the consent their parents, "said the order.
The court gave judgment concerning a petition filed by a young Surat Yusuf based Lokhat seeking to set aside the charge sheet filed against him in the court of the city under various sections of the prohibition of Child Marriage Act 2006 .
"It seems the girl's parents also have now accepted the marriage. The man and his wife are personally present in court. Confirmed on their marriage. The girl claims that she is happily living with her husband at her marital home. Given the particular facts of the case, in my opinion, no case is made out of further prosecuting criminal process, "said the order.
According to the case details, Lokhat married a 17-year-old community in February this year. After the marriage, the father of the girl, who was initially against marriage, wrote a superintendent of "Hostel for Girls" in Surat, who had initiated legal proceedings against children and three others known the child.