Minor Muslim girl says marriage after attaining puberty valid, SC summons UP Home Secretary

The Supreme Court on Thursday sought the personal presence of the Home Secretary of Uttar Pradesh in a plea by a minor Muslim girl who has claimed that marriage entered into after attaining puberty is valid under Mohammadan law.

She has challenged the decision of the Allahabad High Court that declared her marriage void.

A Bench of Justices NV Ramana and Ajay Rastogi took a strong view about the State of Uttar Pradesh failing to file its response despite granting repeated opportunities. It, therefore, sought the personal presence of the Home Secretary of the State.

The girl who is sixteen years of age has moved the Supreme Court through her husband, assailing the order of the Allahabad High Court. The High Court had held that the marriage entered into by the girl and her husband is void on the ground that the girl had not attained the age of majority when she got married.

The genesis of the case was a complaint by the girl’s father against the marriage. Pursuant to the complaint, the girl had been lodged at Nari Niketan in Ayodhya on the orders of the lower court.

Her marriage had been declared void and she was sent to a Shelter home after she had stated that she did not wish to join her parents. Claiming that her lodging at NariNiketan amounted to illegal detention, she filed a Habeas Corpus petition through her husband before the Allahabad High Court.

The case made by the girl was that Mohammaden law permits a girl to marry upon attaining puberty. When she got married willingly, she had attained puberty and was, therefore, eligible to marry under the Muslim Personal law. The lower court had, however, failed to recognize the validity of the marriage under the Muslim Personal Law, the girl had contended before the High Court.

The High Court took the view that since the girl was a juvenile, the order of the lower Court was right and she was correctly dealt with as under the Juvenile Justice (Care and Protection) Act, 2015. The High Court had, therefore, dismissed the petition leading to the current appeal. 

When the case came up for hearing yesterday, the State of Uttar Pradesh sought time to file counter affidavit in the matter. The State had made similar requests earlier too on multiple occasions. This prompted the Supreme Court to summon the Home Secretary before it on the next date of hearing. The Court noted in its order:

“Today also, learned counsel sought time to file counter affidavit.

In spite of grant of time and having regard to the fact that the petitioner-lady is in Nari Niketan, Ayodhya, the Respondents are not responding or coming up with any counter-affidavit or instructions in the matter.

Under the above circumstances, we are compelled to seek the appearance of Secretary, Department of Home, Lucknow, U.P. on Monday, the 23rd September, 2019.”

The case will now be heard on September 23.

Advocate Dushyant Parashar appeared for the petitioner while advocate Parmanand Pandey represented the respondent.

[Read Order]