New Delhi, Aug 19 (PTI) The Supreme Court on Tuesday found it “strange” that the National Commission for Protection of Child Rights (NCPCR) was challenging the Punjab and Haryana High Court’s order granting protection to a Muslim couple apprehending threat to life.
While dismissing the NCPCR’s plea, a bench of Justices B V Nagarathna and R Mahadevan wondered how the commission was aggrieved by the high’s 2022 order which noted the marriage of a Muslim girl was governed by the Muslim Personal Law.
The high court order said the girl, who married a 21-year-old man, was aged over 16 years.
“We fail to see as to how the NCPCR can be aggrieved by such an order. If the high court in exercise of its jurisdiction under Article 226 of the Constitution seeks to extend protection to two individuals, it is strange that the NCPCR is challenging such an order,” the top court said.
It said the NCPCR had no locus standi to challenge the order.
The bench told the NCPCR’s counsel that the commission was a “stranger” to the litigation.
“Two people have come and they have asked for protection from the court. The court has granted protection and you are challenging that order?” the bench asked.
The NCPCR’s counsel said the high court order was challenged considering the question of law involved in the matter.
Pointing out there was no question of law, the bench said how the NCPCR, meant for the protection of children, could challenge an order granting protection.
The bench also dismissed a separate plea filed by the NCPCR against another order of the same high court.
“Take up better causes than this,” the bench told the NCPCR’s counsel.
The top court also dismissed other plea challenging the high court’s orders.
In its September 2022 order, the high court directed the 16-year-old girl’s custody to be handed over to the petitioner husband and noted both were Muslims.
The high court referred to a verdict which said marriage of a Muslim girl continues to be governed by the personal law of Muslims.
According to the verdict, 15 years was the age of puberty of a Muslim female and on her own willingness and consent, after attaining puberty, she can marry a person of her choice and such a marriage would not be void in terms of section 12 of the Prohibition of Child Marriage Act, 2006. PTI ABA ABA AMK AMK
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