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Muslim girl competent to marry person of her choice once she attains 15 years: Punjab and Haryana High Court

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The Punjab and Haryana High Court last week held that as per Muslim personal law, a Muslim girl over the age of 15 years is competent to enter into a contract of marriage with the person of her choice [Gulam Deen v State of Punjab].

Justice Jasjit Singh Bedi arrived at this finding while hearing a petition seeking protection of life and liberty by a Muslim couple who fell in love and married each other as per Muslim rites and ceremonies.

The law, as laid down in various judgments cited above, is clear that the marriage of a Muslim girl is governed by the Muslim Personal Law. As per Article 195 from the book ‘Principles of Mohammedan Law by Sir Dinshah Fardunji Mulla’, the petitioner No.2 being over 16 years of age was competent to enter into a contract of marriage with a person of her choice”, noted the single-judge.

The petitioners moved the court on the ground that their life and liberty was in grave danger at the hands of the respondents. Thus, they sought a direction to the police to consider their representation seeking protection.

The petitioner submitted that as per Muslim law, puberty and majority are one and the same, and that there is a presumption that a person attained majority at 15 years of age.

It was further contended that a Muslim boy or girl who attains puberty is at liberty to marry anyone they liked, and guardians had no right to interfere.

The Court, in this regard, placed reliance on the judgment in yunus khan vs state of haryana  where it was noted that a Muslim girl’s age of marriage was governed by Muslim personal law.

The Court also adverted to Article 195 from the book ‘Principles of Mohammedan Law’ by Sir Dinshah Fardunji Mulla which states that ‘every Mahomedan of sound mind, who has attained puberty, may enter into a contract of marriage’.

The explanation to that Article provides that puberty is presumed, in the absence of evidence, on completion of the age of fifteen years.

In this case, since the girl was over 16 years and boy was stated to be over 21 years old, both the petitioners were concluded to be of marriageable age.

Moreover, the Court pointed out that the issue in the petition was not with regard to the validity of the petitioner’s marriage, but protection of their fundamental rights.

The Court cannot shut its eyes to the fact that the apprehension of the petitioners needs to be addressed. Merely because the petitioners have got married against the wishes of their family members, they cannot possibly be deprived of the fundamental rights as envisaged in the Constitution of India”, said Justice Bedi.

With this, the Senior Superintendent of Police, Pathankot was directed to decide the petitioners’ representation and take action accordingly.

Maharashtra

Police alert for peaceful Eid-ul-Azha in Maharashtra

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Mumbai: Eid-ul-Azha was celebrated peacefully in Mumbai and all of Maharashtra. In Thane, miscreants tried to spoil the atmosphere on Eid-ul-Azha, which was foiled by the police. The police have also taken action against such elements spreading poison on social media. Along with this, peaceful namaz was also offered at the Idgah located at Dogadi Fort in Kalyan. An attempt was also made to ring the bell in the temple located in Fort and at the right time of Namaz, Shiv Sena and Shinde workers gathered and rang the bell, due to which the police took them into custody and prevented the atmosphere from getting spoiled. Police Commissioner Ashutosh Dumbare had made tight security arrangements in sensitive areas like Mumbra, Bhiwandi Police Station, Rabodi Kalyan and Ulhasnagar. In Mumbai too, the police was alert and prepared in the backdrop of Eid-ul-Azha and Qurbani.

Due to the dispute over Qurbani in housing societies, the police had made tight arrangements in such societies where problems had arisen earlier. Along with this, BMC allowed sacrifice in many societies and temporary altars for sacrifice. Muslims performed the ritual of sacrifice with Abrahamic zeal. Apart from this, police guard was also kept on Eidgahs and mosques in Mumbai. Mumbai Police Commissioner Deven Bharti reviewed the situation. According to this, the arrangements in Mumbai were completed. Mumbai Police also kept an eye on the miscreants and monitored social media.

Along with this, Eid-ul-Azha was celebrated peacefully in various districts of Maharashtra, Malegaon, Aurangabad, Beed, Osmanabad, Amravati and all over Maharashtra. No untoward incident was reported from anywhere. Police sources have claimed that Eid was celebrated in a peaceful atmosphere and orders for action against the miscreants were also issued, after which sacrifice was done and the splendor of sacrifice was seen everywhere in Muslim localities.

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Maharashtra

ED took action on 15 places including Mithi river, cleanliness, irregularities, Dino Morea

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Dino Morea ED

Mumbai: The Enforcement Directorate (ED) has raided 15 places including Mumbai in the irregularities case in the cleaning of the Mithi river. The Enforcement Directorate has also claimed to have seized many important documents related to the case while conducting raids in Mumbai and Kochi. The ED has also raided the house of film actor Dino Maurya. The EOW has registered the first FIR in this case, after which the Enforcement Directorate has now started a parallel investigation. The ED has taken this action under the PMLA Money Laundering Act. Dino Maurya has also been involved in this irregularity. The EOW has also questioned him and his brother.

It is said that Dino Maurya and Ketan are close to Shiv Sena leader Aditya Thackeray. Now Dino’s troubles have increased. The EOW has found many important documents and evidence in the Mithi river corruption and irregularities case in Mumbai, so now the ED has also started its action in the case of misuse of funding and illegal tender purchase in this case. Many Shiv Sena leaders are also in the ambit of ED action, because during the Mithi river corruption scam, Shiv Sena was ruling the BMC, so the scope of investigation has become focused on Shiv Sena leaders. EOW has also made significant progress in its action in the Mithi river corruption case in Mumbai. More revelations are expected after the arrival of ED in this case. EOW has taken action against 13 people in this case so far and has also arrested them. In this, political leaders including BMC officials are also on the radar of ED.

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Maharashtra

Mumbai: MLA and SP leader Abu Asim Azmi appeals to avoid sacrificing animals in the open on Eid-ul-Azha

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Mumbai: Mumbai Maharashtra Samajwadi Party leader and MLA Abu Asim Azmi has appealed to Muslims not to perform Qurbani in the open and also follow BMC and government guidelines. Cleanliness is half of faith, so take special care of cleanliness. Not only this, it is mandatory to follow all the guidelines and guiding principles set regarding Qurbani. Take special care of cleanliness and ensure that the brothers and sisters of the country do not face any kind of trouble on Eid-ul-Azha. This is the real teaching of Islam. Celebrate Eid with mutual love, brotherhood and following Sunnat Ibrahimi. Azmi said that the waste of Qurbani on Eid should also be kept in bags and thrown in the dustbin.

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