Lawstreet Journal

"Prohibition of Child Marriage Law Does Not Differentiate on Basis of Religion": Punjab & Haryana High Court [READ ORDER]

Lawstreet Journal 3 May 2021 11:21pm

Image courtesy: Lawstreet Journal Judiciary "Prohibition of Child Marriage Law Does Not Differentiate on Basis of Religion": Punjab & Haryana High Court [READ ORDER]

Recently, the Punjab and Haryana High Court directed that even though Muslim law allows marriage after attaining puberty age but the Prohibition of the Child Marriage Act 2006, is a Secular law and does not differentiate based on religion. According to the Prohibition Child Marriage Act, the prescribed minimum age for marriage of females is 18 years and for males, it is 21 years.

The Court also directed that if an age verification certificate is provided by parties where the girl is found below the age of 18, immediate action will be taken under the act.

The order was pronounced by the Punjab and Haryana High Court bench comprising of Justice Anmol Rattan Singh.

The facts of the case:

In this case, a girl - Jasmeet had married a boy named Azim khan. The former was shown to be aged above 18 years while it was contended that even though the latter was a minor, she was still eligible for marriage under Muslim law.

It was further contended through the supreme court’s judgment in case Hardev Singh vs Harpeet Kaur, 2020 where it was held that the age of the girl was within the eligible bracket for marriage as per the Child Marriage Act and therefore no offense punishable under provisions of law was found.

Court analysis

The court directed that,

Verification certificate shows that age of petitioner no. 1 is actually below 18 years, this order will not restrict the proceedings under child marriage act, 2006, all offense punishable under that Act being cognizable offenses regarding Section… Continue Reading...

Tagged: Punjab & Haryana High Court   Child Marriage  
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