Can a Muslim minor marry under personal law? What courts have said | Explained

The story so far: The Punjab and Haryana High Court has observed that under Muslim personal law, a person who has attained puberty is presumed to be competent to marry a person of their choice.

The observation came while the court was hearing a petition filed by a Muslim couple seeking protection of their life and liberty after marrying against the wishes of the woman’s family.

The judgment highlights an ongoing legal question concerning the interplay between personal laws and statutory child-protection frameworks, such as the Prohibition of Child Marriage Act, 2006 (PCMA) and the Protection of Children from Sexual Offences, 2012 (POCSO) Act. Under the PCMA, a “child” means a male who has not completed 21 years of age or a female who has not completed 18 years of age. A “child marriage” is a marriage to which either of the contracting parties is a child.