मुस्लिम पर्सनल लॉ के तहत नाबालिग की शादी की दलील रद्द, इलाहाबाद HC ने कहा- कानून सबसे ऊपर – allahabad high court denies muslim personal law for child marriage pocso act ntc drmt
Allahabad High Court has given a big decision regarding Muslim personal law. The court says that Muslim personal law considers puberty as the age of marriage. But these rules cannot be above laws like Prohibition of Child Marriage Act (PCMA) and POCSO Act.
The court said that the POCSO Act puts sexual relations with children in the category of crime and no personal law can abolish this ban.
The bench of Justice JJ Munir and Justice Achal Sachdev said that the age of marriage is the same for every citizen of the country, as made clear in the Prohibition of Child Marriage Act (PCMA), irrespective of his religion.
Bulandshahr The case is related to the attack on the rescue team in
The High Court made these comments while rejecting the petition of Ruby and 18 more people. These petitioners had demanded cancellation of the FIR registered against them. He is accused of attacking the police and Child Line rescue team who had come to stop the child marriage of a 16-year-old Muslim girl in Bulandshahr and obstructing government work.
It was argued in the court on behalf of the petitioners that under Sharia law, a girl becomes eligible for marriage after reaching the age of puberty, which is generally considered to be 15 years. He argued that the PCM Act, 2006 has no connection with his personal law.
Country’s laws are above personal laws: High Court
The High Court completely rejected this argument of the petitioners. The court said that if marriage of a person below 18 years of age is allowed, then marital relations will be a direct violation of the POCSO Act.
The court acknowledged the differences of opinion among several high courts on this issue. However, the bench said that it completely agrees with the argument of the Kerala High Court that no personal law can reject the ban on child marriage.
the court has Supreme Court Also referred to an order of the year 2025, in which the court had raised doubts on this issue while the Child Marriage Prohibition (Amendment) Bill 2021 was pending in Parliament. The court noted that this bill became void with the dissolution of the 17th Lok Sabha and no final decision of the Supreme Court has yet been taken on this matter.
Refusal to cancel FIR
Looking at the matter, the court said that the parents and community of the minor have violated the law. The court praised the police and Child Line team for quick action. Refusing to quash the FIR registered in the case of abusing, threatening and attacking the rescue team, the court rejected the petition in its decision given on July 1.
The court said that prima facie this is a matter of obstructing the work of a government employee and a thorough investigation is necessary.
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