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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.

General

Thane Tragedy: Environmentalist-Lawyer Sarita Khanchandani Dies By Suicide In Ulhasnagar, Family Alleges Harassment By Shiv Sena (UBT) Leader

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Thane: In connection with the death of environmentalist-activist-lawyer Sarita Khanchandani, who allegedly died by suicide on Thursday after jumping from the seventh floor of Roma Building where she lived in Ulhasnagar, her husband Purshottam Khanchandani has leveled serious allegations against Shiv Sena (UBT) leader and his associate accusing them of harassing his wife and trying to implicate her in a fabricated case.

He claimed that the harassment drove her to suicide and demanded that the case be probed by a senior officer under judicial supervision.

Purshottam, along with other family members, addressed a press conference to present his side of the story. He said Sarita had been helping Jiya Goplani, a woman whose domestic case she was handling. After being ousted by her in-laws, Goplani had no shelter, and Sarita allowed her to live in one of her homes for six years, providing food and support.

Although the court awarded Goplani a monthly maintenance of Rs 15,000, Sarita eventually asked her to vacate the house. Goplani assured her that she was looking for a house in Badlapur and would leave within two months.

According to Purshottam, on Wednesday, Goplani called Sarita claiming she was unwell. When Sarita went to meet her around 11:45 p.m., she found nearly 20 people present. Purshottam alleged that this was a conspiracy to trap Sarita, and a video of the incident later surfaced on the social media.

Although the police were called to the spot, both Sarita and Goplani told officers they had no complaints, after which Sarita returned home.

However, Purshottam alleged that later the same night, Goplani, along with a politician and others, went to the police station and registered a case against Sarita. Shocked by the development, Sarita went to the police station on Thursday but later returned home and jumped to her death from the terrace.

He also accused the Vithalwadi police station of facilitating the conspiracy to falsely implicate her. He clarified that Goplani was not a tenant but was staying at their residence purely on humanitarian grounds.

Purshottam linked the incident to an earlier dispute, alleging that the Shiv Sena (UBT) leader and his associate had encroached upon a government toilet block. Sarita had filed a petition in the High Court against the encroachment, after which the Shiv Sena Shakha on the premises was shut down and the property handed back to the municipal corporation.

In response to Purshottam’s allegations, Jiya Gopalani refused all allegations and stated that she was his wife’s tenant and that Sarita forced her to work according to her instructions; otherwise, she would not fight her domestic case in court.

“On Wednesday, Sarita came to my home because I was not picking up her call. Sarita arrived at my home and assaulted me badly, after which I visited the police station and filed a case against her.”

DCP Sachin Gore of Ulhasnagar said “Based on Jiya Goplani’s complaint, we filed a case of trespass and assault against Sarita. In Sarita’s suicide matter, no note was found. So far, we have registered an Accidental Death Report (ADR) . We will record the statements of witnesses. Further investigation is underway, and if anyone’s role emerges, action will take accordingly.”

Sarita Khanchandani, a practicing lawyer, was known for her environmental activism and had played a significant role in getting DJs banned in Maharashtra.

She also ran the Heerali Foundation, an organization dedicated to cleaning up the Ulhas and Waldhuni rivers that flow through Ulhasnagar. She was a prominent figure in pollution activism in the city, petitioning police to act against violators and raising awareness of environmental issues affecting the rivers.

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Crime

Maloney arrested with 7.2 million worth of ganja and pistol, five others

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Mumbai Maloni Police has claimed to have arrested five accused including ganja worth Rs 72 lakhs and a country-made pistol and live cartridges. In Maloni, the police had arrested Ashiq Hussain Khan with 1 kg 60 grams of ganja. He said that he buys this drug from Nashik. After that, Santosh More of Nashik was arrested. After that, a total of four accused were arrested in this case and a case was registered against them under the NDPS Act. A car was searched in Maloni Madh in which a country-made pistol and ganja were recovered. This operation was carried out by DCP Sandeep Jadhav on the instructions of Mumbai Police Commissioner Devin Bharti. The police is investigating the matter further.

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Mumbai Press Exclusive News

Amit Shah’s darshan of the Raja of Lalbagh during Mumbai Maratha Morcha, Mumbai city paralyzed for the second day as well, news of shops and hotels being closed is baseless: BJP

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Normal civic system remained disrupted for the second day due to the hunger strike of Mumbai Maratha Morcha and Manoj Jaranje. Travelling towards South Mumbai was difficult as traffic on Fort and other roads was affected due to Maratha Morcha protesters. There is a crowd of protesters from the Maratha community at CST railway stations. In such a situation, it is common news that food and water have been completely stopped for Maratha protesters in Mumbai and food stalls and hotels have been closed here, but this news is false and baseless as all the stalls and hotels on Mumbai STS are open and food is available for the protesters. On the other hand, BMC has claimed to have made arrangements for cleanliness and other facilities and clean drinking water for the protesters. Mud has been cleaned during the rains, not only this, a temporary toilet van has also been deployed. Mumbai Police and additional forces are also deployed at Azad Maidan.

The BJP has called the news on its social media account baseless that shops and hotels have been closed due to Maratha Morcha. Meanwhile, photos and videos have also been released from the official handle of BJP. Along with this, BMC has also released videos and pictures of the cleaning campaign and said that it has provided facilities to the Maratha protesters.

All the food stalls around Mumbai CST are open. The news of the stalls being closed is false and baseless. People of the Maratha community are protesting by taking tea and snacks from these stalls. To prove how anti-Maratha the government is, those demanding reservation and those who have not given reservation for 50 years are running their hidden agenda. People are facing problems even on the second day of the protest in Mumbai. Roads in many areas of Mumbai are filled with the Maratha community. In such a situation, there is a traffic jam in Mumbai and the Morcha has also affected the local trains, which are called the lifeline of Mumbai city. Train services are affected and trains on central lines are running late by 10 to 15 minutes. Maratha Morcha protesters have also camped at CST railway station. In such a situation, there is a lot of crowd at CST and police force has also been deployed to control it. Along with this, today also the protesters tried to sit on some roads, which were later removed so that the road and traffic system is not affected. Today Home Minister Amit Shah has also visited the palace of Lalbagh Raja. Along with this, Ganpati immersion Ganesh Utsav and Maratha Morcha are challenges for the police. The police is handling the situation well and in such a situation the police has tightened security in Mumbai. Amit Shah has visited Lalbagh Raja amidst tight security of Mumbai Police. During this, BJP leader and minister Advocate Ashish Shelar was also present. Amit Shah along with his wife visited Lalbagh Raja and took blessings.

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