By Tanvi Mehta.

The Kerala high Court affirmed that the Prohibition of Child Marriage Act, 2006, takes precedence over Muslim personal law. The Court expressed its dismay that the petitioners attempted to justify the alleged child marriage by claiming that as per Muslim personal law, a Muslim girl has the religious right to marry after reaching puberty, regardless of her age.

A complaint was filed by an Integrated Child Development Scheme (ICDS) officer stating that a child marriage took place on 30/12/2012. In the present case, there are five accused, with the first accused being the father who arranged the marriage of his minor daughter according to Islamic religious customs. The petitioners argued that, under Mohammedan Law, a Muslim girl has a religious right called “khiyar-ul-bulugh” or the “option of puberty,” which allows her to marry at the age of 15. They claimed that such marriages are recognized and accepted under Mohammedan Law, making the marriage voidable only at the girl’s discretion when she reaches adulthood.

The Kerala High Court highlighted that Section 1(2) of the Act clearly states its applicability across the entire country, extending to all individuals within India, including Indian citizens residing abroad, which explicitly means that Mohammedans are not exempted under this Act. Secondly, the court further highlighted Section 3(1) of the Act, which specifies that any child marriage, whether conducted before or after the Act’s commencement, is voidable at the discretion of the child involved. This provision empowers the minor to annul the marriage upon reaching adulthood. Additionally, Section 10 of the Act prescribes penalties for those who solemnise child marriages, while Section 11 outlines the punishments for promoting or allowing such unions. The Court also threw some light on the Kerala Prohibition of Child Marriage Rules, 2008, which basically deals with the appointment of Child Marriage prohibition officers, whose primary duty is to act promptly upon treeing any information about the solemnisation of child marriages, regardless of the mode of communication. Throughout its considerations, the court citied the objectives of the Act, which were established to reinforce the earlier Child Marriage Restraint Act of 1929 by imposing stricter penalties and more effectively preventing and discouraging the harmful practice of child marriage.

Ultimately, the Kerala High Court dismissed the petition and upheld the proceedings against the accused, reinforcing the supremacy of the Prohibition of Child Marriage Act over personal laws in cases involving child marriage

(Case Title: Moidutty Musliyar v. State of Kerala) 

Click here to read/Download the judgement.