In a significant judgement, the Madras High Court has ruled that Muslims cannot rely upon their personal law to claim a right to give minor girls in marriage immediately after they attain puberty.
In a judgement reserved in the Principal Seat of the High Court in Chennai and delivered in the Madurai Bench, Justice C.T. Selvam held that such a right would run counter to the Prohibition of Child Marriage Act 2006 aimed at preventing the "evil practice" of child marriage besides safeguarding the health of girl children and elevating the status of women.
The verdict was delivered while dismissing a criminal revision petition filed by a Muslim family challenging an order passed by a judicial magistrate in Perambalur in 2012. The Magistrate had confirmed an order passed by the district child welfare officer preventing the family from solemnising the marriage of a 15-year-old girl.
In the meantime, a public interest litigation petition has been filed in the Madras High Court Bench here seeking a direction to the State Government officials to desist from interfering with marriage of Muslim girls.
The PIL filed by advocate M. Mohammed Abbas is expected to be listed for hearing before a Division Bench of Justices S. Tamilvanan and V.S. Ravi on Friday.
