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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

Mumbai Mankhurd Shivaji Nagar bridge should be opened for weighing vehicles: Abu Asim Azmi

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abu aasim aazmi

Mumbai: Maharashtra Samajwadi Party leader and MLA has demanded in the assembly that a flyover bridge should be started for heavy vehicles to curb fatal accidents in Mankhurd Shivaji Nagar. Fatal accidents are happening every month in Mankhurd Shivaji Nagar. Earlier there were high tension wires on the bridge built on GM Link Road, then the bridge was closed due to heavy vehicles. Later the wires were also removed and the flyover department has also allowed heavy vehicles to pass, however, heavy vehicles are still not being allowed to move. Today in the House, a demand was made to start the movement of heavy vehicles on this bridge. Abu Asim Azmi said that recently a tragic accident took place here in which three people died.

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Maharashtra

Wanted accused in Mumbai 1993 riots arrested after 32 years

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CRIME

Mumbai: Police have claimed to have arrested one of the most wanted accused involved in the 1993 Mumbai riots. Mumbai’s Wadala police arrested a fugitive accused who was on the run for 32 years during an operation to search for wanted accused. 54-year-old Arif Ali Hashimullah Khan has been arrested from Antop Hill. The accused did not appear in court during the hearing. A warrant was also issued against him, after which the police arrested the accused and presented him in the court and the court ordered his remand. This operation was carried out by Mumbai Police Commissioner Deven Bharti and Port Zone DCP Vijay Sagar.

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Maharashtra

Sashil Kodiyeri apologizes after tension over Marathi-Hindi controversy

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Maharashtra: In the context of the Mumbai Marathi-Hindi controversy, Shishil Kodia has apologized for his controversial statement. He said that his tweet was misrepresented. I am not against Marathi. I have been living in Mumbai and Maharashtra for the last 30 years. I am a fan of Raj Thackeray. I constantly comment positively on Raj Thackeray’s tweets. I tweeted in my emotions and I made a mistake. This tense and tense atmosphere should end. We need a favorable environment to accept Marathi. So I request you to forgive me for this mistake for Marathi. Earlier, Shishil Kodia had made a controversial statement about Marathi and refused to speak Marathi, due to which MNS workers attacked and pelted stones at Shishil’s company WeWork. After which Shishil has now apologized to X

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