According to Mohammedan law, a young girl who has reached puberty can get married without her parent’s permission and has the right to live with her husband even if she is under the age of 18. This was noted by the Delhi High Court. The girl’s parents filed an FIR under Sec. 22 since they were against the marriage. The girl was only 15 years and 5 months old at the time of the marriage, according to the State’s status report, which listed her birthdate as August 2, 2006. The girl was retrieved from the husband’s custody in April of this year, and a medical examination was performed on her at Delhi’s Deen Dayal Upadhyay Hospital. According to the status report, the pair had sexual activity and was expecting a child together.
In granting the couple protection, the Court noted:
“If the petitioners are split apart, the petitioner no. 1 and her unborn child will only suffer further suffering. In this case, the state wants to safeguard Petitioner Nobest .’s interests. “The state is no one to enter private space of the petitioner and separate the pair,” it continued. “If the petitioner has freely consented to the marriage and is delighted.” The girl is free to join her husband’s company if she so chooses, the court ordered.
The respondent Nos. 1 to 3 are instructed to assure the petitioners’ protection and safety personally, the Court said. “The petitioners are allowed to remain together.”
