A single-judge bench of Justice Amol Rattan Singh observed that the Prohibition of Child Marriage Act, 2006 doesn’t differentiate based on religion. It is a secular law which prohibits child marriage, the legal age to marry is 18 years for female and 21 years for male.
The court allowed the protection petition of a couple who has run away, the girl had married a Muslim man it is claimed that the girl is just above 18years of age while the boy is admittedly below the legal marriage age.
The court observed that even if according to the Muslims personal law, it is valid to marry after attaining the age of poverty. The Prohibition of Child Marriage Act,2006 doesn’t differentiate on the basis of personal laws. Hence, marrying below the legal age is a punishable offence under the said act.
However, in Hardev Singh vs. Harpreet Kaur 2020, the honourable Supreme Court stated that if the girl/woman is above 18 years that are legally eligible for marriage then under the said act, no offence is punishable. Subsequently, the life and liberty of the couple will be protected as per law.