A bench of justices S Ravindra Bhat and SP Garg said “According to Mohammedan Law a girl can marry without the permission of her parents once she attains the age of puberty and she has the right to reside with her husband even if she is below the age of 18”.
The Muslim girl can make a decision to marry as per her choice at the age of 15 years if she has attained puberty, the Delhi High Court (HC) has held the marriage of a minor girl valid and allowed her to stay in her matrimonial house.
According to the petition filed by the girl’s mother claiming that her daughter was kidnapped by a youth and forced into marriage in April last year.
The bench accepted the girl’s statement she had left her parental home of her own will to marry the man of her choice and her husband should not be booked on the charge of kidnapping.
Meanwhile, to determine the girl’s well being, the court has directed the couple and in-laws to appear before the child welfare committee once in every six months till the girl attains majority.
The girl has been currently residing in Nirmal Chhaya, a government sponsored home for rehabilitation of poor and elderly women.