Punjab and Haryana High Court – Habeas Corpus Petition Allowed; Muslim Marriage Valid as Detenue Above Puberty

Case Name: Mohd. Israil v. State of Haryana and others

Citation: CRWP No. 2673 of 2019

Date of Judgment: 7 January 2020

Bench: Justice Suvir Sehgal

Held: The Punjab and Haryana High Court allowed the habeas corpus petition, holding that under Muslim Personal Law, a girl attaining puberty (presumed at 15 years) is competent to marry of her choice. Even as per the school certificate showing age of 17, the detenue’s marriage with the petitioner was valid. Having expressed her unequivocal desire to reside with her husband, the Court directed her release from protective custody and permitted her to reside in her matrimonial home.

Summary: The petitioner married the detenue, Sanjaj @ Sehnaz, on 14.11.2019 as per Muslim rites. The marriage was against her father’s wishes, who lodged FIR No. 155/2019 under Sections 363 and 366-A IPC alleging she was a minor (DOB: 31.10.2002 in school records). However, her Aadhaar showed 01.01.1999, indicating majority.

The detenue’s statement under Section 164 CrPC confirmed her marriage was voluntary. Despite this, she was placed in a protective home. Relying on Mohd. Samin v. State of Haryana (2018), the Court reiterated that puberty and majority coincide in Muslim law at 15 years, enabling marriage by choice.

Decision: The habeas corpus petition was allowed. The detenue was directed to be released forthwith from Bal Kalyan, Yamunanagar, and permitted to live with the petitioner as his legally wedded wife.