SC to fast-track hearing on Child Marriage Law vs Personal Law

In 2022, the Punjab and Haryana High Court ruled in favour of the Muslim personal law while the Kerala High Court ruled against it.

The Supreme Court of India on Tuesday, August 6, agreed to provide an early hearing on whether Muslim personal law allowing child marriages will override the Prohibition of Child Marriage Act, 2006.

Solicitor general of India Tushar Mehta, who is representing the National Commission for Protection of Child Rights (NCPCR), appealed to the bench headed by the Chief Justice of India (CJI) seeking an early hearing since two High Courts have given contradictory rulings.

Under the Muslim personal law in India, a girl below the age of 18 can be married off if she has attained puberty. However, the legal age for females to get married in India is 18 years.

“There are different views taken by different High Courts. Whether child marriage is permitted or not in one religion or another. We are arguing on constitutional principles,” SG said.

“If that can be listed on priority on any Wednesday or Thursday….because new judgments are coming and we are multiplying the appeals,” he added. The bench has agreed upon this.

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