पंजाब-हरियाणा उच्च न्यायालय: प्यूबर्टी पर किशोर की स्वतंत्र विवाह अधिकार की मान्यता

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Minor Muslim Girl Or Boy Free To Marry Anyone They Like After Attaining Puberty: P&H High Court

Aiman J. Chishti

15 Sept 2026 2:15 PM IST

The Punjab and Haryana High Court has disposed of a petition seeking protection of life and liberty for a couple who married under Muslim personal law against the wishes of the girl's family, holding that under Mohammedan Law, a person who has attained puberty, presumed at 15 years in the absence of evidence, is competent to enter into a valid marriage of their own choosing.Justice...

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The Punjab and Haryana High Court has disposed of a petition seeking protection of life and liberty for a couple who married under Muslim personal law against the wishes of the girl's family, holding that under Mohammedan Law, a person who has attained puberty, presumed at 15 years in the absence of evidence, is competent to enter into a valid marriage of their own choosing.

Justice Vikram Aggarwal said,

"Though petitioner No.1 is 26 years of age, the age of petitioner No.2 is 17 years and 8 months. However, the fact remains that the petitioners, being Muslims, are governed by the Muslim Personal Laws. As per Muslim Personal Laws, a boy or girl, who has attained the age of puberty, which happens to be 15 years, is at liberty to marry anyone of his or her liking."

The petitioners, both Muslims governed by Muslim Personal Law, stated they had known each other for some time, developed a liking, and decided to marry. Since petitioner No.2's (the girl's) father opposed the match, she left her parental home on 22.08.2026 and performed Nikah with petitioner No.1 that same day as per Muslim rites.

Petitioner No.1 was stated to be 26 years old, and petitioner No. 2, 17 years and 8 months old. Alleging imminent danger from respondents No.4 to 7 (petitioner No.2's family members) opposed to the marriage, the petitioners had submitted a representation dated 30.08.2026 to the police, which remained undecided, prompting them to approach the High Court seeking protection.

Counsel for the petitioners argued that under Muslim Personal Law, puberty and majority are treated as synonymous, with a presumption of attainment of puberty at 15 years, entitling a person to marry of their own choice regardless of guardian consent.

The Court referred to Article 195 of Sir Dinshah Fardunji Mulla's Principles of Mohammedan Law (10th Edition, 1933), which provides that every Mohammedan of sound mind who has attained puberty may enter into a contract of marriage, with puberty presumed, absent evidence, on completion of 15 years of age, and that such a marriage is void only if brought about without the person's consent.

Relying on Kammu Vs. State of Haryana and others, 2010, where a Coordinate Bench held that a boy or girl who has attained puberty is at liberty to marry anyone they like, with the guardian having no right to interfere if the match is equal, and on Gulam Deen v. State of Punjab, 2022 — which held that the issue in such petitions is not the validity of the marriage but addressing the apprehension of danger to life and liberty under Article 21 — the Court reproduced the relevant portion:

"Merely because the petitioners have got married against the wishes of their family members, they cannot possibly be deprived of the fundamental rights as envisaged in the Constitution of India."

The Court noted that the State counsel had not been able to dispute either the facts or the position of law as laid down in the cited precedents.

Without commenting on the validity of the marriage, the Court disposed of the petition with a direction to the Senior Superintendent of Police (Rural), District Ludhiana, to consider the petitioners' representation dated 30.08.2026 and take requisite action, if warranted on the facts and circumstances of the case, in accordance with law.

Case Title: Akbar Khan and another v. State of Punjab and others

Mr. D.S. Niggha, Advocate, for the petitioners.

Aiman J. Chishti

Aiman J. Chishti is a Principal Correspondent with LiveLaw, covering Punjab And Haryana High Court

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