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Wednesday, February 27, 2013

16 YR OLD MUSLIM GIRL VS CHILD MARRIAGE BAN LAW,COURT RULES AGAINST SHARIA(INDIA)


In a landmark judgment, the Circuit Bench of the Karnataka High Court in Dharwad has held that the Mohammedan Law will not apply in the marriage of a minor Muslim girl.
Justice Ashok B Hinchigeri delivered the judgement while dismissing a petition by Seema Begaum (16) of Koppal seeking action against the Woman and Child Development Department, Koppal DC  and others for stalling her marriage twice. 

Justice Hinchigeri said a personal law or a community law could not override the statutory law in the marriage of a minor girl. The Prevention of Child Marriage Act was applicable to all communities, including Muslims, he said. Till the girl completed 18 years of age — the age set by the statutory law — she could not get married and this could not be violated by any community, he said. When a minor girl got married she would lose her childhood, and once it was lost nobody could give her that back, he added.
The petitioner had contended that she was a Muslim and the provisions of the Mohammedan Law said a Muslim girl of sound mind, who had attained puberty, could enter into contract of marriage and that the provisions of the Prevention of Child Marriage Act-2006 would not be applicable to Muslims. She had also sought the court’s permission to get married.

ONE BRAINWASHED 16 YEAR OLD.

READ MORE
http://newindianexpress.com/states/karnataka/article1480617.ece


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