Charkhi Dadri: The Punjab and Haryana High Court on Wednesday issued a notice to the family members of a 16-year-old female wrestler days after her marriage. The couple had filed a petition in the HC seeking protection. The girl, who belongs to the Muslim community, had gotten married to Naveen, a national-level wrestler hailing from Haryana's Charkha Dadri district, in Punjab's Mohali.
The two met during a sports event held in Delhi about five months back and got acquainted there. Subsequently, the girl decided to leave her house and come to Naveen as her family members wanted to get her married against her will, the plea informed. Naveen, significantly, was married back in 2019, but lived separately from his wife due to disputes between them.
After meeting up, the duo went to Mohali wherein Naveen converted to Islam, following which the marriage took place on November 13. According to reports, family members of the 16-year-old are unhappy with the couple's decision, following which they sought protection.
The HC notice on Wednesday sought the family members' response in the matter on November 24. It has also sought a reply from Haryana Police regarding security details provided to the duo.
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"The Supreme Court has clearly stated that if someone changes religion for the second marriage, in that case it is wrong. As far action under POCSO Act is concerned, it can be taken. The Kerala High Court had commented on a similar matter earlier this year. It had noted that even if the girl is Muslim, POCSO Act will apply. As far as filing a petition in the High Court for security is concerned, it is everyone's right" Harinder Pal Singh Ishar, advocate in the Punjab and Haryana High Court, said.
If the man admits he has gotten married, he can be charged under section six of the POCSO Act, Aggravated Penetrative Sexual Assault, the former also said. Notably, the Punjab and Haryana High Court, in October this year, reiterated that any Muslim female aged 15 years or above can marry a person of her choice on her own consent, adding that such a marriage would not be rendered void under section 12 of Prohibition of Child Marriage Act, 2006.
"...The marriage of a Muslim girl continues to be governed by the personal law of Muslims and has relied upon the Principles of Mohammedan Law by Sir Dinshah Fardunji Mulla, more so Article 195 thereof, and after considering the same, it has been observed that 15 years is the age of puberty of a Muslim female..." the single bench of Justice Vikas Bahl had said while hearing a petition filed by a 26-year-old man against the detention of his 16-year-old wife in a children's home.
