The Delhi high court ruled that the marriage of a girl who was 15 is valid, as long as she had attained puberty, the Times of India reported.
After considering different Supreme Court cases on Muslim girls and marriage, the bench declared, "In view of the above judgments, it is clear that a Muslim girl who has attained puberty i.e. 15 years can marry and such a marriage would not be a void marriage. However, she has the option of treating the marriage as voidable, at the time of her attaining the age of majority, i.e 18 years."
As a result, the court accepted the 16-year-old's petition to remain in her married home despite her mother's petition saying that the daughter was kidnapped and forced into marriage last year.
On April 14, 2011 the girl's mother had filed an FIR at Gokalpuri police station stating that the man kidnapped her daughter threatening to kidnap another daughter if she went to the police.
According to Indian Express, the girl stated that she had left her parent's home of her own will marrying this man by choice, and that he should not be tried for kidnapping.
"The Committee shall take necessary steps, including obtaining the necessary undertaking from the man (husband) in this regard. Subject to completion of these steps, the girl be allowed to live in her matrimonial home," the bench said.
During the hearing, the court had issued a notice to the police after which the girl was brought to court to testify. According to NDTV, she said she had willingly gone with the man and married him.
Police told the court they had been living as husband and wife since.
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