Court upholds Muslim Personal Law on capacity to marry post-puberty and emphasizes protection under Article 21 of the Constitution
In a significant ruling on September 10, 2026, the Punjab and Haryana High Court, presided over by Justice Vikram Aggarwal, issued directions to the authorities to protect the life and liberty of a Muslim couple who married against family wishes. The case involved Akbar Khan, aged 26, and a 17-year-and-8-month-old Muslim girl, who solemnized their Nikah as per Muslim rites after the girl left her parental home due to opposition from her father and family members.
The petitioners sought judicial intervention under Article 226 of the Constitution of India, requesting the court to direct the state authorities to consider their representation for protection from threats posed by the girl's family. The court recognized that under Muslim Personal Law, puberty-presumed to be attained at 15 years-is the threshold for marriageable capacity. This principle was supported by references to the authoritative text "Principles of Mohammedan Law" by Sir Dinshah Fardunji Mulla and previous judgments, including Kammu v. State of Haryana and Gulam Deen v. State of Punjab.
Justice Aggarwal highlighted that the fundamental right to life and personal liberty guaranteed by Article 21 of the Constitution cannot be curtailed merely because the marriage is opposed by family members. The court clarified it was not ruling on the validity of the marriage but emphasized that the couple is entitled to protection against threats or harm.
The court directed the Senior Superintendent of Police, District Ludhiana, to consider the petitioners' representation dated August 30, 2026, and to take appropriate action to ensure their safety and liberty in accordance with the law.
This judgment reinforces the intersection of personal laws and constitutional rights, affirming that individual autonomy in marriage decisions is protected, and the state has a duty to safeguard citizens against familial coercion or threats.
Bottom Line:
Muslim Personal Law recognizes the capacity for marriage upon attaining puberty, presumed at the age of 15 years. Under Article 21 of the Constitution of India, protection of life and personal liberty must be ensured, irrespective of family opposition to a marriage.
Statutory provision(s):
Article 21 of the Constitution of India, Article 226 of the Constitution of India, Muslim Personal Law (as per Principles of Mohammedan Law by Sir Dinshah Fardunji Mulla, 10th Edition, 1933)
Akbar Khan v. State of Punjab, (Punjab And Haryana) : Law Finder Doc Id # 2979258
