Express News Service
NEW DELHI: The Supreme Court on Friday agreed to contemplate as as to whether younger ladies being over 16 years of age can marry as soon as she attains puberty on the idea of customized or private regulation when such marriages represent an offense below the penal code resembling IPC.
A bench of CJI DY Chandrachud and Justice PS Narasimha additionally directed for not treating as precedent latest observations of Punjab and Haryana HC {that a} 16-year-old Muslim woman can enter into legitimate marriage after attaining puberty no matter POCSO.
The order was handed in a batch of pleas by NCPCR difficult a Punjab and Haryana HC’s ruling which held 16-year-old Muslim woman can enter into legitimate marriage after attaining puberty. The HC had additionally noticed that, “The petitioner No.2 being over 16 years of age was competent to enter right into a contract of marriage with an individual of her selection.
Petitioner No.1 is acknowledged to be greater than 21 years of age. Thus, each the petitioners are of marriageable age as envisaged by Muslim Personal Law. In any occasion, the difficulty in hand is just not with regard to the validity of the wedding however to deal with the apprehension raised by the petitioners of hazard to their life and
liberty by the hands of the personal respondents and to offer them safety as envisaged below Article 21 of the Constitution of India.”
Apprising the bench of the difficulty which was required to be thought of, S-G Tushar Mehta for apex little one rights physique mentioned, “The question is can you plead custom of personal law as defence to criminal offence?” Contending that different HCs may additionally cite Punjab & Haryana HCs observations, SG additionally hunted for a keep of the observations. Considering S-G’s submissions, CJI DY Chandrachud mentioned, “What will happen is, the moment we grant a stay- she may be restored to her parents. We’ll issue notice and we will say that in meantime the judgment will not be cited.”
NEW DELHI: The Supreme Court on Friday agreed to contemplate as as to whether younger ladies being over 16 years of age can marry as soon as she attains puberty on the idea of customized or private regulation when such marriages represent an offense below the penal code resembling IPC.
A bench of CJI DY Chandrachud and Justice PS Narasimha additionally directed for not treating as precedent latest observations of Punjab and Haryana HC {that a} 16-year-old Muslim woman can enter into legitimate marriage after attaining puberty no matter POCSO.
The order was handed in a batch of pleas by NCPCR difficult a Punjab and Haryana HC’s ruling which held 16-year-old Muslim woman can enter into legitimate marriage after attaining puberty. The HC had additionally noticed that, “The petitioner No.2 being over 16 years of age was competent to enter right into a contract of marriage with an individual of her selection.
Petitioner No.1 is acknowledged to be greater than 21 years of age. Thus, each the petitioners are of marriageable age as envisaged by Muslim Personal Law. In any occasion, the difficulty in hand is just not with regard to the validity of the wedding however to deal with the apprehension raised by the petitioners of hazard to their life and
liberty by the hands of the personal respondents and to offer them safety as envisaged below Article 21 of the Constitution of India.”
Apprising the bench of the difficulty which was required to be thought of, S-G Tushar Mehta for apex little one rights physique mentioned, “The question is can you plead custom of personal law as defence to criminal offence?” Contending that different HCs may additionally cite Punjab & Haryana HCs observations, SG additionally hunted for a keep of the observations. Considering S-G’s submissions, CJI DY Chandrachud mentioned, “What will happen is, the moment we grant a stay- she may be restored to her parents. We’ll issue notice and we will say that in meantime the judgment will not be cited.”
