Can a Muslim girl of 16 years and above get married, CJI DY Chandrachud said during the hearing of the case that we are issuing notices and linking all the cases.
Can a 16-year-old Muslim girl marry of her own accord? Now the biggest court of the country will find the answer to this question.
Supreme Court today is friday Punjab and Haryana High Court The notice was issued on a petition filed by the National Commission for Protection of Child Rights (NCPCR) against the high court’s decision and said the high court’s order should not be treated as a precedent. The High Court in its judgment said that Muslim girls of 16 years and above can get married. In Muslim Personal Law Marriage of girls Menstruation is considered valid only from the age of puberty. It was approved by the High Court and against its judgment NCPCR Filed a petition in the Supreme Court.
The Supreme Court in its interim order said that the High Court order should not be considered as a precedent. During the hearing, SG Tushar Mehta said that young girls are getting married. So can private law be upheld as a defense to criminal action? Legalizing the criminal system.
In this regard CJI DY Chandrachud said that we are issuing notice and attaching all the cases. The SG said the court should ban this activity. The CJI said if we stay, the girl will have to go back to her parents and she doesn’t want that. The SG said that such petitions would be filed again and again. The SG said that we are questioning whether such a marriage would be valid in the face of the existing criminal law and the POCSO Act.
CJI directed that notice be issued to the respondent. Her parents wanted her to marry her uncle. What will happen, the moment we stay, she will return to her parents…Request Rajasekhar Rao, appointed as Amicus in a similar matter, to assist in this regard. The order of the High Court shall not be considered as a precedent in any other pending case, the Supreme Court said.