Muslim girls can marry without parents' consent on attaining puberty: Delhi HC

The Delhi High Court said that as per Mohammedan Law, a girl who has attained the age of puberty could marry without consent of her parents and has a right to reside with her husband even when she is less than 18 years of age and thus, otherwise a minor.

A single judge bench of Justice Jasmeet Singh also said in such cases, the Protection of Children from Sexual Offences Act would not be attracted if the sexual intercourse has taken place after the marriage.

The court explained the legal position while directing protection to a Muslim girl and her husband. The girl was just 15 years and five months old when she entered into wedlock with her lover in Bihar on March 11, this year. Her parents had opposed the marriage and lodged an FIR with Dwarka police station here for offences of kidnapping, rape and on other charges under the POCSO Act.

The girl, on the other hand, claimed she was regularly beaten up by her parents and had eloped with her partner and married him.

After going through the case laws, the court said the petitioners being lawfully wedded cannot be denied the company of each other which is the essence of the marriage.

"If the petitioners are separated, it will only cause more trauma to the petitioner no 1 (girl) and her unborn child. The aim of the state here is to protect the best interest of petitioner. If she has wilfully consented to the marriage and is happy, the state is no one to enter private space of the petitioner and separate the couple. The doing of the same will tantamount to encroachment of personal space by the State," the bench said.

With regard to applicability of the POCSO Act, the court said it is not a case of sexual exploitation of the girl as the couple were in love with each other and got married according to the Muslim laws and physical relationship.