HT Editorial |
| Blog | Posted By: hindtodaynews on:6/5/2012 3:46:02 PM |
A 15 year Hindu girl is a minor - can't get married; but a Muslim girl can.
As per the ruling of Delhi High Court, a Muslim girl can marry as per
her choice at the age of 15 if she has attained puberty; the Delhi High
Court has held the marriage of a minor girl valid and allowed her to
stay in her matrimonial house.
Which law is cited here ? Shariah law or the Mohammedan Law including several Supreme Court Judgements.
This is unthinkable in developed countries like USA or Europe. They didn't compromise their Civil laws to accommodate 600AD backward laws that are unfair to women.
But, we Indians allowed different civil codes for different religions.
High court cited that according to Mohammedan/Shariah Law a girl can
marry without the consent of her parents once she attains the age of
puberty and she has the right to reside with her husband even if she is
below the age of 18 " a bench of justices S Ravindra Bhat and SP
Garg said.
Poor Judges - they have to obey the outdated 600AD law - that was approved by parliament and sides with Indian 'male' Muslims.
How about the body growth of a 16 year girl ? Is she safe enough to
bear a child - can she handle her kids after birth properly ? How would
be her mental sentiment if she becomes a 2nd, 3rd or 4th wife of her
husband ?
Non of the civilized religions like Hinduism and Christianity allow polygamy but Mohammedan/Shariah Law still authorizes polygamy.
Citing various Supreme Court judgements on the issue of minor Muslim
girls' marriage, the bench of Delhi High Court ruled "In view of the
above judgments, it is clear that a Muslim girl who has attained puberty
i.e. 15 years can marry and such a marriage would not be a void
marriage. However, she has the option of treating the marriage as
voidable, at the time of her attaining the age of majority, which is 18
years."
Accepting the 16-year-old girl's plea for allowing her to stay in her
matrimonial home, the Delhi High Court has disposed of a habeas corpus
petition filed by the girl's mother alleging that her daughter was
kidnapped by a man and forced into marriage in April last year.
The bench accepted the girl's statement that she had left at her
parental home. According to the statement she had willingly married the
man of her choice and her husband cannot be booked on the charge of
kidnapping.
If she were a Hindu girl, her Husband would have been arrested and jailed.
Now, here is more Government supervision. What if millions of 15 year
Muslim girls want to get married and would all of them have to appear
before the Child Welfare Committee once in every six months till the
girls turns 18 ? Why ?
Because to ascertain the girl's well-being, the Court has directed the
couple and in-laws to appear before the Child Welfare Committee once in
every six months till the girl turns 18.
"The Child Welfare Committee shall take necessary steps (who will pay their salary ?), including obtaining the
necessary undertaking from the man (husband) in this regard. Subject to
completion of these steps, the girl be allowed to live in her
matrimonial home," the bench said.
So, this is again unfair to the husband. He has to live without Sex and
may look for options including multiple visits to Red Light Areas or go
for a 2nd wife as allowed in religion.
What a mess !!
Here is more on this ..
March 13, 2011: Girl's mother files a habeas corpus petition - - claiming the husband kidnapped her daughter.
She claimed that the husband threatened to kidnap the other daughter if she goes to police or court.
She had also approached the Deputy Commissioner of Police and requested him to rescue her minor daughter from illegal detention.
On April 14, 2011 an FIR was registered with Gokalpuri police station in north-east Delhi alleging that the man had kidnapped her daughter.
The mother said that the police had not taken any action, forcing her to approach the High Court.
During the hearing of her plea, When the Court had issued notice to the
police, the police produced her in the Court saying that she had
voluntarily gone with the man and married him.
Since then they have been staying as husband and wife, the police told the Court.
On April 18, 2012 the girl had also told the Court that she did not wish to go back to her parents and wanted to stay with her husband.
Your comments welcome..