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Pubescent minor Muslim girl can marry: Kerala HC
Kochi, July 02: The Kerala High Court has held that a Muslim girl, even if she is a minor as per the Indian Majority Act, can enter into a valid marriage agreement if she has attained puberty and her husband was legally bound to provide maintenance to her.
Kochi, July 02: The Kerala High Court has held that a Muslim girl, even if she is a minor as per the Indian Majority Act, can enter into a valid marriage agreement if she has attained puberty and her husband was legally bound to provide maintenance to her.
The order was issued by Justice R Basanth while allowing a revision petition filed by 17-year old Raihanath of Cheruvayoor seeking Rs 500 as maintenance from her husband.
The petitioner had fallen in love with 21-year old Mujib Rahaman and the two had entered into a registered agreement of marriage. Later, certain customary rites were also performed solemnising the wedding.
However, the marriage turned sour after a couple of months and Raihanath was forced out of her husband's house following which she filed a case seeking maintenance of Rs 500 a month. Raihanath's plea was rejected by the family court on the ground that she had not attained the age of 18 and was not a major and thus could not enter into a valid marriage contract, which would confer the status of husband and wife to the couple. Thus Rahaman was not entitled to provide maintenance to her.
Challenging this verdict, Raihanath moved the high court.
Justice Basanth, in a recent ruling, held that Muslim marriage was essentially a contract unlike the Hindu and Christian marriages, which had to be solemnised. The court said Mohammedan law permits every Muslim of sound mind, who has attained puberty, to enter into a marriage contract. Puberty has to be presumed in the absence of evidence to the completion of 15 years of age.
Since the petitioner and her husband have attained puberty there cannot be any dispute about their capacity to marry, the court observed and held that the lower court had 'misdirected' itself in law in assuming that a girl below the age of 18 under the Indian Majority Act cannot enter into a valid marriage agreement.
Directing Raihanath's husband to pay her maintenance, the court observed that Rs 500 was not excessive. "It is frugal, meager and hardly sufficient to keep the body and soul together of a person." Bureau Report
The petitioner had fallen in love with 21-year old Mujib Rahaman and the two had entered into a registered agreement of marriage. Later, certain customary rites were also performed solemnising the wedding.
However, the marriage turned sour after a couple of months and Raihanath was forced out of her husband's house following which she filed a case seeking maintenance of Rs 500 a month. Raihanath's plea was rejected by the family court on the ground that she had not attained the age of 18 and was not a major and thus could not enter into a valid marriage contract, which would confer the status of husband and wife to the couple. Thus Rahaman was not entitled to provide maintenance to her.
Challenging this verdict, Raihanath moved the high court.
Justice Basanth, in a recent ruling, held that Muslim marriage was essentially a contract unlike the Hindu and Christian marriages, which had to be solemnised. The court said Mohammedan law permits every Muslim of sound mind, who has attained puberty, to enter into a marriage contract. Puberty has to be presumed in the absence of evidence to the completion of 15 years of age.
Since the petitioner and her husband have attained puberty there cannot be any dispute about their capacity to marry, the court observed and held that the lower court had 'misdirected' itself in law in assuming that a girl below the age of 18 under the Indian Majority Act cannot enter into a valid marriage agreement.
Directing Raihanath's husband to pay her maintenance, the court observed that Rs 500 was not excessive. "It is frugal, meager and hardly sufficient to keep the body and soul together of a person." Bureau Report