SLP Challenging Punjab & Haryana High Court’s Order Regarding Marriage of Minor Muslim Girls Filed by NCPCR

On 4th November, 2022 National Commission for Protection of Child Rights (NCPCR) filed Special Leave Petition (SLP) challenging the order of Punjab & Haryana High Court regarding marriage of minor Muslim girls.

The Punjab & Haryana High Court in its verdict dated 30.09.2022 had held that Muslim girls over 15 years of age can marry, and such marriages wouldn’t violate Prohibition of Child Marriage Act, 2006.

The Case in question is: Javed (Petitioner) vs. State of Haryana and Other (Respondents), 2022

A criminal writ petition was filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of Habeas Corpus directing to release the detenue (minor girl), who is stated to be in the custody of Ashiana, Sector 16 , Panchkula.

Learned Counsel for the Petitioner:

The age of petitioner is 26 years (born on 10.06.1996).
Date of birth of the detenue is 15.03.2006 and thus, she is more than 16 years of age.
It is stated that at the time of marriage, the said detenue was more than 16 years of age and the marriage was performed by the petitioner, and the detenue out of their free will and without any pressure (also Statement recorded under Section 164 of Cr.P.C.).
Both the petitioner and the detenue belong to the Muslim religion and they have performed Nikah on 27.07.2022 in a Mosque situated at Manimajra.
The Learned for the petitioner relied on Yunus Khan vs. State of Haryana & Ors. 2014(3) RCR (Criminal) 518 praying that custody of the detenue be handed over to the petitioner.

Learned Counsel for the State:

Counsel for the State opposed the present petition and submitted that the date of birth of the detenue has been found to be as 15.03.2006 and thus, she is a minor as she is less than 18 years of age and therefore, she is being rightly kept in Ashiana Home, Sector 16, Panchkula, and has prayed that the present petition be dismissed.