General
Muslim girl competent to marry person of her choice once she attains 15 years: Punjab and Haryana High Court
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.
Mumbai: Mumbai Police has registered a case against 200 to 300 activists including Deepak Pawar, Santosh Shinde, Santosh Kharat, Shashi Pawar, Yoginder Salulkar, Santosh Veer for protesting without permission, violating prohibitory orders and Police Act in the case of burning copy of order making Hindi language compulsory. The accused have been booked under Section 189(2), 190,223, Maharashtra Police Act at Azad Maidan Police Station. The case has been registered on the complaint of complainant Santosh Suraj Dhundiram Khot, 32 years.
According to the details, on June 29, between 2 and 3:30 pm, a copy of the government order against making Hindi i.e. third language compulsory in primary education was burnt without permission on BMC Road adjacent to Marathi Patkar Singh and the government order was violated. The accused had not taken any permission for this demonstration and had violated the prohibitory orders, following which a case has been registered against them, confirmed Mumbai Police. The case has been registered after recording the statement of the complainant.
Mumbai: On the fourth day in the Maharashtra Legislative Assembly, the opposition created a ruckus over declaring Wari as urban Naxal and has made serious allegations against the government of insulting Wari. On the fourth day of the Maharashtra Legislative Assembly, the opposition has made several serious allegations against the ministers of the government while protesting on the steps of the Vidhan Bhavan. The ministers included in the cabinet of the state government are misusing their powers and occupying government lands in the state.
Just as the ruling front is trying to defame the holy pilgrimage of Hinduism, Wari, by calling Vitthurai and Warkars urban Naxalites and urban Maoists, in the same way it is insulting Wari Palkhi. This is reprehensible. Members of the Maha Vikas Aghadi staged a strong protest on the steps of the Vidhan Bhavan against the ruling front and accused the government of insulting Wari. In this demonstration, the members also raised slogans cursing the government and said that due to the scamster government, farmers are dying of hunger and the ministers are calling the laborers urban Naxalites. Shiv Sena leader of opposition Ambadas Danve, Vijay Varditwar, Sachin Ahir, Jitendra Ahawat etc. participated in this protest.
Maharashtra
Maharashtra Urdu Academy should be formed, funds and staff should be appointed for the promotion of Urdu language Abu Asim Azmi
Mumbai: Mumbai Maharashtra Legislative Assembly member Abu Asim Azmi has demanded the immediate formation of Urdu Academy to promote Urdu. He said that academies of other languages including Gujarati and Marathi are active, but the condition of Urdu Academy is pathetic. Earlier there were 25 employees in this academy, but now only the superintendent is left. The remaining 24 have retired. The government needs to pay attention to the plight of Urdu.
The formation of this academy will promote Urdu. Azmi demanded that the Urdu Academy is facing difficulties due to the provision of funds. He said that the government allocates Rs 1 crore on paper, but this fund is not provided. Abu Asim Azmi said that Urdu is the language of our country. Whenever the Chief Minister or any other minister speaks in the House, they resort to Urdu poetry. But when it comes to the establishment of Urdu Academy and the development of Urdu language, the government is doing injustice
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