GULAM DEEN Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a Criminal Writ Petition under Article 226/227 of the Constitution of India for issuing a writ in the nature of mandamus directing respondent Nos.2 to 4 to protect the life and liberty of the petitioners at the hands of private respondent Nos. 5 to 7.

(2.) In the present case, both the petitioners are Muslims. They fell in love some time ago and decided to perform marriage. The date of birth of petitioner No.l is 14/5/2001 and that of petitioner No.2 is 1/1/2006 as per their Aadhar Cards, which have been annexed with the petition as Annexures P-1 and P-2, respectively. Both the petitioners have solemnized their marriage on 8/6/2022 as per Muslim rites and ceremonies.

(3.) Learned counsel for the petitioners would contend that this is the first marriage of both the petitioners. He has relied upon the decisions by this Court in Kammu vs. State of Haryana and Ors [2010(4) RCR (Civil) 716]; "Yunus Khan vs. State of Haryana and Ors.' [2014(3) RCR (Criminal) 518] and "Mohd. Santini w. State of Haryana and Ors [2019(1) RCR (Criminal) 685] to contend that in Muslim law puberty and majority are one and the same and that there is a presumption that a person attains majority at the age of 15 years. It is further contented that a Muslim boy or Muslim girl who has attained puberty is at liberty to marry any one he or she likes and the guardian has no right to interfere.