Challenging legality of marriage of Muslim girls below 18 years of age in Nainital High Court

Challenging legality of marriage of Muslim girls below 18 years of age in Nainital High Court
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Nainital. The Nainital High Court has directed the Central Government and the State Government to file their response after hearing a PIL filed for declaring the marriage of girls below the age of 18 years illegal under Muslim Personal Law. The matter was heard before a division bench of Chief Justice Vipin Sanghi and Justice RC Khulbe. According to the case, the Youth Bar Association of India had filed a PIL in the High Court saying that some courts, recognizing the newly married couple even after marrying under the age of 18, are ordering them to be given police protection, because Muslim personal The law allows this.

It has been said in the petition that marriage under the age of 18 years, having physical relations with a minor girl, and giving birth to children at an early age affect the health of the girl child and the newborn. Apart from this, on one hand, the government brings laws like POCSO, on the other hand, allowing a girl below 18 years of age to marry is a violation of this act. The marriage of a girl below the age of 18 years should be declared invalid and action should be taken against the accused under POCSO by keeping the physical relationship with her even after marriage in the category of misconduct.

The petition urged the court to pass a bill to increase the age of marriage of girls from 18 to 21 and until this bill is passed, the court should declare marriages taking place in any caste, or religion illegal. Is. After hearing the parties, the Division Bench of the High Court directed the Central Government and the State Government to file a reply.

Anita Amoli

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