The Supreme Court summoned the Home Secretary of Uttar Pradesh on Thursday, taking a serious view of the state government's failure to respond to a plea by a "minor" Muslim girl, who has challenged the Allahabad High Court order by which her marriage was found to be void.
The 16-year-old girl has challenged the high court order, saying that as per the Mohammedan Law, once a female attains the age of puberty, that is 15 years, she is independent to take decisions for her life and is competent to marry any one of her own choice.
When the matter came up for hearing before a bench of Justices N V Ramana and Ajay Rastogi, the counsel appearing for the state, sought time to file a response on the petition.
"Let the Chief Secretary appear (in court). Then he will understand the seriousness of the matter," the bench said in an oral observation.
Later, the bench summoned the Home Secretary of of the state and directed him to personally appear before it on September 23.
The top court noted in its order that despite granting time to the state's counsel for filing reply on the plea, the lawyer has not received proper instruction from the department concerned.
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"We are forced to compel the appearance of Secretary Home (of Uttar Pradesh) to appear personally before us on Monday (September 23)," the bench said.
The top court had earlier agreed to examine the plea of the girl who has been ordered to stay in a shelter home for women in Uttar Pradesh after her marriage was found to be void by the high court.
The girl, who is 16-years-old as per a medical report, has challenged the high court's July order which dismissed her petition against a trial court directive sending her to a shelter home at Ayodhya.
The high court had dismissed her plea against the trial court's order observing that since she was a "minor" her case would be dealt with in accordance with the Juvenile Justice (Care and Protection) Act, 2015 and as she did not want to join her parents, the order sending her to the shelter home was correct.
The girl, through her lawyer Dushyant Parashar, has told the apex court that the high court failed to appreciate the fact that her 'nikah' is in accordance with the Mohammaden Law.
The plea, which said that her right to life and liberty may be protected, contended that she was in love with a man and they performed 'Nikah' in accordance with the Mohammadan Law in June this year.
Her father had lodged a police complaint alleging that his daughter has been kidnapped by the man and his associates.
Thereafter, the girl recorded her statement before a magistrate in which she said that she had married the man out of her free will and wanted to stay with him.
The trial court had directed that she be sent to the child welfare committee for safe custody and protection until she attains the age of 18.
Referring to an earlier apex court judgement, the plea has said that the girl may be permitted to lead conjugal life with her husband.
It said that the girl should be freed from the shelter home during the pendency of the appeal before the top court.
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