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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: Harassment of ordinary Muslims in the name of Bangladeshis should stop, Abu Asim makes serious allegations against the government over Home Minister Amit Shah’s statement

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abu azmi

Mumbai: Maharashtra Samajwadi Party leader Worker Assembly Abu Asim Azmi criticized the statement of Home Minister Amit Shah and said that it is the responsibility of the Home Minister and the Central Government to take action against Bangladeshi and Pakistani infiltrators. The population of Muslims in India has increased due to Bangladeshis. This is completely wrong. The residents of West Bengal and ordinary Muslims are being targeted under the guise of Bangladeshi and Pakistanis. He said that the government is yours in many states and at the center, so how do Bangladeshi infiltrators enter from the border? What action has the government taken against those who forge their documents so far? He said that targeting Muslims under the guise of Bangladeshi should be stopped, just as Karat Soumya is trying to fake the certificates and documents of every Muslim and is targeting Muslims. He said that the government should pay attention to how Bangladeshi infiltrators infiltrate from the Indian border. This is not the job of Congress, SP or other parties. It is the job of the government to take action against Bangladeshi and Pakistanis and to bring them to justice. But Muslims should not be harassed or disturbed. He said that action is being taken against those officers who are preparing documents for Bangladeshis.

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Mumbai Press Exclusive News

Crores of rupees were defrauded in the name of government jobs, the accused was arrested from Delhi… The accused had received money from hundreds of unemployed people

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Mumbai: The Mumbai Economic Wing has claimed to have arrested the accused in a case of cheating in the name of getting government jobs in the central and state governments in several districts of Maharashtra. Santosh Ganpat, a businessman from Navi Mumbai, filed a complaint that the accused Nilesh Kanshi Ram Rathore had charged him Rs 5 lakh for a government job and Rs 5 to 15 lakh for medical tests and appointment letters. The EOW has registered a case against him because he has cheated him of Rs 2.88 crore by promising him a job and during the investigation it was revealed that he has cheated him of Rs 10 crore. The Economic Wing has formed a team to arrest the absconding accused and searched him in Akola and other areas. The accused cheated hundreds of youths for recruitment in RCF in 2022. His complaint was filed with the EOW. The EOW received information that the accused was trying to escape from Delhi, on which the police arrested him from Delhi. The accused has been booked in Mumbai EOW and Pune Deccan. A criminal case has been registered and further investigation is underway. This operation has been carried out under the leadership of EOW chief Nisht Mishra.

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Mumbai Press Exclusive News

ANC action, drugs worth crores seized, 6 arrested

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Mumbai: The Anti-Narcotics Cell has claimed to have arrested six drug smugglers, including a Nigerian, including a Nigerian, including MD and Natropum tablets worth Rs 7.01 crore, during operations at various locations in Mumbai. 523 grams of cocaine, worth Rs 5.23 crore, was seized from a Nigerian in Vakola, Mumbai. Five accused were arrested in raids conducted in Ghatkopar, Kurla CST, Mazgaon, tardeo, Borivali areas, from whose possession Mephedone MD worth Rs 54.65 lakh was seized. These are part of five inter-state drug gangs. Other drugs including Natropum tablets were also seized in this operation. This operation was carried out by DCP Nunath Dhule on the instructions of the Mumbai Police Commissioner.

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