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Ruling: If the girl is below 16 years, the consent does not matter. Consummation, with the wife below the age of 15 years, is an offence under Section 375. The Court has to be cautious, for the girl has the right to get the marriage nullified under section 3 of the Protection of Children from Sexual Offences Act, 2012.
Feb 1, 2013 · (i) Bholu Khan and Shama Parveen will be counselled by the Counsellor at Nirmal Chaya for two days on the lines already indicated and mentioned in our earlier orders.
Mr. Pawan Sharma, learned standing counsel has drawn our attention to the order titled Furqan v. State.2 3. Bholu Khan and Shama Parveen admit that they got married as per the Muslim rites on 16th July, 2012.
Shama Parveen states that the said marriage was solemnized without any force or coercion as per her wishes and desire and accepts Bholu Khan, the petitioner herein, as her husband. She has made similar statement under Section 164 Code of Criminal Procedure, 1973 before the Metropolitan Magistrate.
In Mrs. Tahira Begum vs. State of Delhi & Ors., W.P. (Crl.) 446/2012 decided on 09.05.2012, a Division Bench of this Court examined the Muslim Law and observed that a Muslim girl can get married, without consent of her parents, once she attains the age of puberty. Reference was made to the decision of Mohd.
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- Rama Institute of Higher Education, Kiratpur
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