Forced Minor Girl Marriage without her consent and being harrassed

544 votes

Dear Reader, Based on the facts you’ve shared: 1. Age Requirement under Muslim Law: • According to Muslim Personal Law, a marriage is valid if both parties have attained puberty, which is generally presumed at the age of 15 years. • However, under Indian law, particularly the Prohibition of Child Marriage Act, 2006, the legal age of marriage is 18 years for females and 21 years for males. • Therefore, even if the marriage is valid under Muslim law, it would be voidable under the Child Marriage Act, and punishable for those arranging or solemnizing it. 2. Consent & Forced Marriage: • Islamic law strictly prohibits forced marriages. The consent (ijab-o-qabool) of both bride and groom is essential. 3. Girl’s Legal Protection: • Since she is a minor (16 years old), her marriage cannot be solemnized legally. • She can approach the Child Welfare Committee (CWC) or Women Helpline (1091) or Childline (1098) for immediate protection from harassment or confinement. • You can also file a complaint with the local police station or District Protection Officer under the Prohibition of Child Marriage Act, 2006. 4. Immediate Steps Suggested: • Do not attempt elopement or marriage at this stage. It could be treated as kidnapping or sexual offence under POCSO. • Help the girl contact Childline (1098) or approach the nearest Police Station / Women Cell to stop the forced marriage and ensure her safety. • She can also give a written statement to the local police expressing that she is being forced into marriage and needs protection.

Advocate Piyush Kumar LawRato

560 votes

According to Mohammedan Law she has attained the age of marriage, as such, you can marry her by Muslim rituals. If her parents are not allowing the marriage then she can approach the court for providing security/ immunity. She through her guardian can even approach Hon'ble Patna High Court under Criminal Writ for the security/ immunity.

Advocate Diwakar LawRato

570 votes

Hi Sir, In Muslim Law there is no remedy but you can file a complaint case by uniform law by stating the fact that the girl is of minor age and in Indian it is a punishable offence. If you need any personal assistance please feel free to contact me. Thanks

Advocate Divya Kiran LawRato