SUBE KHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present petition has been filed under Article 226 of the Constitution of the India for issuance of a writ in the nature of habeas corpus for directing the official respondents No.1 to 3 for producing the detenue Kaifa daughter of petitioner No.2 before this Court, who has been illegally detained by respondent No.4 at his residence.

(2.) Learned counsel for the petitioners inter alia contends that the detenue is aged 15 years and belongs to Muslim community. Respondent No.4 induced the detenue and took her along with him. He filed a petition before this Court in CRM-M No.12025 of 2023 seeking protection of life and liberty at the hands of petitioner No.2, who is father of the detenue, on the ground that he has solemnized marriage with detenue against the wishes of family members of detenue and therefore, they apprehend danger to their life and liberty at their hands. The said petition was allowed by this Court vide order dtd. 14/12/2023. It is further contended that while filing the aforesaid petition, respondent No.4 prepared a forged and fabricated aadhaar card of detenue and obtained order dtd. 14/12/2023 in his favour while misleading this Court, claiming the detenue to be major. The detenue is a minor being 15 years old and she has been illegally detained by respondent No.4. Therefore, the petitioners have approached this Court for issuance of direction to official respondents to produce the detenue before this Court.

(3.) Having heard learned counsel for the petitioners and after perusing the record, it transpires that the alleged detenue belongs to Muslim community and therefore, even if, for the sake of argument, it is presumed that the detenue is minor aged 15 years, even then the marriage solemnized cannot be said to be void, as marriage of a Muslim girl is governed by the personal law of Muslims. As per Article 195 of the Principles of Mohammedan Law by Sir Dinshah Fardunji Mulla, the age of puberty of a Muslim female is 15 years and if she marries the person of her choice with her own willingness and consent, after attaining 15 years of age (puberty), such a marriage would not be void in terms of Sec. 12 of the Prohibition of Child Marriage Act, 2006. A Coordinate Bench of this Court in Yunus Khan vs. State of Haryana & Ors. 2014(3) RCR (Criminal) 518 has held as under:-