A bench of Chief Justice DY Chandrachud and Justice PS Narasimha issued notice to the Haryana government and others and appointed senior advocate Rajasekhar Rao as amicus curiae to assist the court.
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Supreme CourtPunjab and Haryana High Court Challenging the order of the National Commission for Protection of Child Rights (NCPCR) agreed to consider the application on Friday, which said A Muslim A girl can marry anyone of her choice after puberty. The apex court said the High Court’s decision should not be taken as a precedent in other cases which have held that a 15-year-old Muslim girl can be legally and validly married by private law.
A bench of Chief Justice DY Chandrachud and Justice PS Narasimha issued notice to the Haryana government and others and appointed senior advocate Rajasekhar Rao as amicus curiae to assist the court. The bench said, ‘We are in favor of considering these writ petitions. Notice issued. Pending the order, this decision (of the High Court) shall not be taken as precedent.
Solicitor General Tushar Mehta said, 14, 15, 16-year-old Muslim girls are getting married. He asked, ‘Can personal law be defended? Can you raise custom or personal law as a defense against a criminal case?’ According to Islamic personal law, the age of attaining puberty is 15 years. The high court 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.
The court held that the age of puberty for a Muslim girl is 15 years, and after puberty she can marry anyone of her choice with her will and consent. The court held that such marriages are not voidable under Section 12 of the Child Marriage Prohibition Act, 2006.
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