Can Minor Muslim Girl Marry On Attaining Puberty? Supreme Court To Examine Correctness Of HC Judgment, Issues Notice On NCPCR Plea
The Supreme Court on Monday issued notice on the petition filed by the National Commission for the Protection of Child Rights (NCPCR) challenging a recent judgement of the Punjab and Haryana High Court which held that a 16-year-old Muslim girl can enter into a valid marriage.A bench comprising Justices Sanjay Kishan Kaul and Abhay S Oka appointed Senior Advocate R Rajasekhar Rao as an...
The Supreme Court on Monday issued notice on the petition filed by the National Commission for the Protection of Child Rights (NCPCR) challenging a recent judgement of the Punjab and Haryana High Court which held that a 16-year-old Muslim girl can enter into a valid marriage.
A bench comprising Justices Sanjay Kishan Kaul and Abhay S Oka appointed Senior Advocate R Rajasekhar Rao as an amicus curiae for assistance on the issue.
Solicitor General of India Tushar Mehta, appearing for the NCPCR, requested for stay of the observations in the judgment. "Please stay these two paragraphs of the impugned order", the SG said. SG Tushar Mehta said that it is a "serious issue" in view of the impact on the ban of child marriages and also the POCSO Act.
The bench asked will any court follow the judgment when the Supreme Court is considering the issue.
"How will anybody follow this? We are saying we will examine the issue. Let us hear the amicus and we will hear the matter ", the bench said while posting the matter to November 7.
The High Court had granted protection to a Muslim couple while noting that girl, who has attained puberty is of Marriageable Age under Muslim Personal Law. Relying on precedents, the High Court observed that the marriage of a Muslim girl is governed by Muslim Personal Law.
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