Punjab and Haryana High Court Ensures Protection for Interfaith Couple Amidst Family Threats
Court Directs Authorities to Safeguard Couple's Life and Liberty After Marriage Against Family Wishes
In a significant judgment, the Punjab and Haryana High Court has directed state authorities to ensure the protection of a young interfaith couple, Rahul and Ajmira Khatun, who have faced threats from their families following their marriage. The couple approached the court under Article 226 of the Indian Constitution, seeking protection of their life and liberty after marrying against the wishes of their family members.
The petitioners, represented by Mr. Khalid Tauru, Advocate, presented their case before Justice Mrs. Sukhvinder Kaur. The couple, aged 20 and 16 years and six months respectively, performed their Nikah on August 20, 2025, following Muslim rites. The court was informed that the couple was under constant threat from family members, prompting them to seek judicial intervention for their safety.
The court acknowledged the couple's marriage under Muslim Personal Law, which permits individuals who have attained puberty to marry without parental consent if the match is deemed equal. This principle is supported by precedents such as the "Kammu v. State of Haryana" case and the "Principles of Mohammedan Law" by Sir Dinshah Fardunji Mulla, which consider puberty and majority as synonymous in Muslim law, presuming majority at the age of 15.
However, the court clarified that its directive was strictly for the protection of the couple’s life and liberty and did not validate the legality of the marriage. The judgment emphasized that any civil or criminal proceedings regarding the marriage could proceed independently of this order.
The court ordered respondent authorities, particularly respondent No. 2, to promptly address the couple's representation concerning the threat to their lives, as submitted on August 22, 2025, and take necessary legal steps to ensure their safety.
This judgment underscores the court's role in safeguarding individual rights against familial and societal pressures, while also delineating the boundaries of legal validation of marriages under personal laws.
Statutory provision(s): Article 226 of the Constitution of India, Muslim Personal Law (Shariat) Application Act, 1937
Rahul v. State of Haryana, (Punjab And Haryana) : Law Finder Doc Id # 2780590
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