Dropping the kidnapping charge against a Muslim youth who had eloped with a minor girl from his religion and then married her, the Gujarat High Court has has held that their marriage was valid as per the Muslim laws.
Justice J B Pardiwala of Gujarat High Court on Monday quashed the charge of kidnapping against the Muslim youth Nisar Alam who had eloped with the minor girl and married in 2013.
Alam, who was then 20 years old, resided in the same locality in Vadodara city where the girl lived with her family. A relationship developed between them and they decided to marry.
As there was opposition from members of both the families, the youth and the girl ran away and got married on October 31, 2013. Following this, the girl's father filed a complaint alleging that Alam and his family members had abducted the girl.
The couple then moved the Gujarat High Court in November 2013 through their advocate F B Brahmbhatt to quash sections 363 (kidnapping) and 366 (abducting a minor girl for marriage) of Indian Penal Code (IPC). The high court then stayed the investigation against the youth and his family.
Interestingly, in the affidavit submitted before the high court, the girl had stated "a Mahomedan girl of 15 years is entitled to contract a marriage. Therefore, prima facie her marriage is legal and valid."
She had also told the court that there was no question of abduction or enticing her from her house or the guardianship of her parents as she had voluntarily left her house to marry Alam.
Quoting a Bihar High Court judgement, Advocate F B Brahmbhatt said "the Bihar High Court had analysed Mahomedan law in relation to the capacity of the Mahomedan girl of 15 years to marry and came to the conclusion that the Mahomedan law permits such marriage even without consent of her parents," he said. In the final phase of hearing of the case, the girl had appeared before the high court with their first child and said that she and her husband have been living happily. The high court then set aside the FIR against Alam and his family-members. In a similar case, the Gujarat High Court had last year ruled that a Muslim girl can marry as per her will after she attains puberty or completes 15 years of her age, whichever comes earlier.
