The Punjab and Haryana High Court has directed the Senior Superintendent of Police (Rural), Ludhiana, to consider a representation seeking protection to the life and liberty of a Muslim couple who claimed that their marriage was opposed by the woman’s family.
Justice Vikram Aggarwal passed the order on September 10, 2026, while dealing with a petition filed under Article 226 of the Constitution of India. The Court, however, made it clear that it was not expressing any opinion on the validity of the marriage.
Background
The petitioners stated that they had known each other for some time and had decided to marry. According to their submission, the father of petitioner No. 2 was against the marriage proposal, following which she left her parental home on August 22, 2026. The petitioners claimed that they performed Nikah on the same day according to Muslim rites.
The Court record shows that petitioner No. 1 was 26 years old, while petitioner No. 2 was 17 years and 8 months old. Their counsel relied upon Muslim Personal Law and earlier decisions of the High Court concerning the capacity of Muslims to marry after attaining puberty.
The petitioners further claimed that they faced an apprehension to their life and liberty from members of the woman’s family. They had already submitted a representation to the concerned police authorities on August 30, 2026, but said no decision had been taken on it.
Justice Vikram Aggarwal considered the submissions and referred to Article 195 of Principles of Mohammedan Law by Sir Dinshah Fardunji Mulla. The provision states that a Muslim of sound mind who has attained puberty may enter into a marriage contract, while puberty is presumed, in the absence of evidence to the contrary, on completion of 15 years.
While referring to the earlier decision in Gulam Deen & Another v. State of Punjab and others, the Court reproduced the following observation:
“The law, as laid down in various judgments cited above, is clear that the marriage of a Muslim girl is governed by the Muslim Personal Law. As per Article 195 from the book ‘Principles of Mohammedan Law’ by Sir Dinshah Fardunji Mulla, the petitioner No.2 being over 16 years of age was competent to enter into a contract of marriage with a person of her choice. Thus, both the petitioners are of marriageable age as envisaged by Muslim Personal Law.”
The Court noted that the State counsel was unable to dispute the factual position and the legal principles relied upon by the petitioners.
Without commenting on the validity of the marriage, the High Court disposed of the petition. It directed respondent No. 2, the Senior Superintendent of Police (Rural), District Ludhiana, to consider the petitioners’ representation dated August 30, 2026, and take such requisite action as may be warranted by the facts and circumstances, in accordance with law.
Case Title: Akbar Khan and another v. State of Punjab and others
Case Number: CRWP-10657-2026 (O&M)
Judge: Justice Vikram Aggarwal
Decision Date: September 10, 2026
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