Need to implement UCC soon? Citing Muslim law, Jharkhand HC says 15-year-old Muslim girl can marry person of her choice
At this point it should be noted as per Section 375 of Indian Penal Code, (amendment of 2013) which states that “any male, who does an intercourse with any female who is below the age of 18, with or without her consent will be constituting a Statutory Rape.”
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New Delhi, December 01: In yet another gem of the Indian Judiciary, the Jharkhand High Court, referring to Muslim Personal Law, has said that Muslim girls aged 15 or above have the liberty to marry the person of their choice without any interference of their guardians.
The court said this while quashing criminal proceedings based on an FIR lodged against a Muslim youth who married a 15-year-old girl of his community. In the FIR, Mohd. Sonu, 24, a resident of Nawada in Bihar, was accused of coaxing a 15-year-old Muslim girl of Jugsalai in Jamshedpur's Jharkhand, to marry him.
Sonu challenged the criminal proceedings based on the FIR -- filed by the girl's father, and approached the Jharkhand High Court with a quash petition.
However, during the hearing, the girl's father submitted that he was not opposed to the marriage. Thanking Allah "for arranging a suitable match" for his daughter, the man said he filed an FIR against Sonu "due to some misunderstanding".
In fact, the lawyer representing the girl's family also told the court that both the families have accepted the marriage. After hearing both the parties, Justice Dwivedi ordered cancelling the FIR and criminal proceedings against Sonu.
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The High Court in its verdict, made available on Wednesday, said matters related to marriage of Muslim girls are governed by the Muslim Personal Law Board, adding in context of this particular case that the girl is 15 years old, and she is free to marry the person of her choice.
At this point it should be noted as per Section 375 of Indian Penal Code, (amendment of 2013) which states that “any male, who does an intercourse with any female who is below the age of 18, with or without her consent will be constituting a Statutory Rape.”
However under as per the Exception 2.- Sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape.'.