[Psymoussy]

NEW DELHI: Ruling that a Muslim girl can marry a person of her choice if she has attained puberty i.e. 15 years, the Delhi high court has held the marriage of a minor valid and allowed her to stay in her matrimonial house.

"According to Mohammedan Law, a girl can marry without the consent 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....," a bench of justices S Ravindra Bhat and S P Garg observed while accepting the minor's plea to allow her to stay in her matrimonial home.

Citing various verdicts of the Supreme Court, the bench disposed of a petition filed by the girl's mother alleging that her daughter was kidnapped by a youth and forced into marriage in April last year.

HC said that it is clear that a Muslim girl who has "attained puberty, i.e. 15 years, can marry and such a marriage would not be void. However, she has the option of treating the marriage as voidable, at the time of her attaining the age of majority, i.e 18 years".

The bench accepted the 16-year-old's statement that she had left her parental home to marry the man of her choice and her husband should not be booked on the charge of kidnapping. Meanwhile, to ascertain the girl's well being, the court has directed the couple and in-laws to appear before a CWC once in every six months till the girl attains majority.

The girl's mother had claimed in petition that after abducting the girl on March 13 last year, the man telephoned her threatening to kidnap her other daughter if any legal action was taken against him. An FIR was registered on April 14 in Gokalpuri police station, northeast Delhi stating that the man had kidnapped the minor. The mother said police had not taken any action, forcing her to approach the court.]

source: http://timesofindia.indiatimes.com/i...w/13852822.cms