HC orders production of minor Muslim girl

Wants to know if she was detained in an observation home against her wish

The Madras High Court Bench here on Friday directed Virudhunagar District Social Welfare Officer (DSWO) to produce a 16-year-old Muslim girl before it on Monday to ascertain if her parents had planned to solemnise her marriage on Sunday against her wish.

A Division Bench of Justices S. Tamilvanan and V.S. Ravi passed the order on a public interest litigation petition filed by Madurai-based advocate M. Mohamed Abbas who sought to restrain government officials from interfering with marriages of Muslim girls who had completed 15 years of age.

During the course of hearing, petitioner’s counsel W. Peter Ramesh Kumar had accused the DSWO of forcibly taking the minor girl into custody on March 2 and lodging her in an observation home though the girl had no objection to get married as per the wish of her parents.

He claimed that the Prohibition of Child Marriage Act, 2006 would not apply to Muslim families who were governed by the tenets of their personal law which permits girls to be given off in marriage immediately after attaining puberty or on completion of 15 years.

“As per Section 7 under Chapter III of the Mohammedan Law, every Mohammedan who has attained puberty and who possesses a sound mind may enter into a contract of marriage and as per Section 95, a girl should be deemed to have become a major when she attains puberty.

“Article 251 of Mulla’s principles of Mohammedan Law states that in the absence of evidence, puberty should be presumed on completion of 15 years of age. Further, Tyabji’s Muslim law states that a girl who had attained puberty can marry even without the consent of the guardian,” he added.

Contending that DSWOs have no right to take minor Muslim girls into their custody and lodge them in observation homes “under the guise” of implementing the general law, he urged the court to direct the Virudhunagar DSWO to pay a compensation of Rs.10 lakh to the minor girl’s family.

Stating that they shall examine the question of law during the final hearing of the case, the judges said that they would first want to know from the girl as to whether she was being detained in the observation home against her wishes or whether it was she who tipped the DSWO about her proposed marriage.