The court made the observation while quashing legal proceedings under the Prohibition of Child Marriage Act against a Muslim youth who had married a 17-year-old girl of his community.
Justice J B Pardiwala in the order passed on December 2 said that according to the Muslim Personal Law, a Muslim girl, if she attains puberty or completes the age of 15 years, is "competent" to get married.
"It is not in dispute that the boy and girl both are Muslims. According to the Personal Law of Muslims, the girl no sooner than she attains the puberty or completes 15 years, whichever is earlier, is competent to get married without the consent of her parents," the order said.
"It appears that the parents of the girl have also now accepted the marriage. The man and his wife both are personally present in the Court. They confirm about their marriage. The girl submits that she is happily residing with her husband at her matrimonial home. Having regard to the peculiar facts of the case, in my view, no case is made out to prosecute the criminal proceedings further," the order said.
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