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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

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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Maharashtra

Mumbai Congress delegation meets Municipal Commissioner, expresses grave concern over poor condition of city

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Mumbai: Today, a high-level Congress delegation led by Mumbai Congress President and MP Prof. Varsha Tai Gaikwad met BMC Commissioner Bhushan Gagrani. The delegation included MLA Aslam Shaikh, MLA Amin Patel, MLA Dr. Jyoti Tai Gaikwad, former corporator Haji Babbu Khan and other former corporators of Mumbai Congress.

Several important issues were raised in the meeting on administrative collapse, corruption and deterioration of public amenities in Mumbai.

‎🛑 Highlights of the meeting:

‎🔸 Increase in property tax without public approval
Violating the directions of the Supreme Court, the BMC increased property tax in the absence of elected representatives. The Congress strongly opposed this unconstitutional move and called it a financial burden on the people of Mumbai.

‎Scams in road construction
‎There is a possibility of massive corruption in the concreting of roads. Only 25% of the work has been completed so far and that too has been hampered by poor quality, damage to pipelines and serious irregularities in tendering – particularly in the inorganic phosphate based geo-polymer concrete tender.

‎🔸 Drain cleaning scam

Drain cleaning before the monsoon has become a sham. All the work has been handed over to contractors, no monitoring, no accountability. The Congress has demanded immediate and strict action.

‎🔸 Medical facilities in ICUs

BMC hospitals – like Baba, Rajawadi, Shatabdi and Bhagwati – are in a shambles. Patients are being forcibly sent to private hospitals, while privatisation of hospitals and delay in development work have worsened the problems.

‎🔸 Waste management
‎The sanitation system is already failing and now the BMC is considering imposing a “garbage tax”. In areas like Kurla and Borivali, the sewer line work has been incomplete for years.

‎🔸 Failure of the education system:

BMC school children have not yet been given books and uniforms. The commissioner has given a deadline of June 15. If this work is not completed, the Congress will again come out with questions on June 16.

‎🔸 Delay in housing schemes and PAP projects:

Housing schemes, PAP and redevelopment projects in areas like Andheri, Vakola, Khar have been victims of builder fraud, misuse of TDR and government negligence.

‎🔸 Other important issues

Corruption in central procurement process

Delay in approving hawking policy

Acute lack of facilities in Muslim graveyards

🗣️ Congress demands:

✅ ACB should investigate contractor mafia in BMC

✅ Independent audit of drain cleaning and road construction works

✅ Independent monitoring body should be formed for BMC tenders

Mumbai cannot be left at the mercy of a neglected and corrupt system. Congress will continue to fight at every level by becoming the voice of the people of Mumbai!

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