Nargis and Anr. v. State of Punjab and Ors.


In the instant case, a Muslim Girl aged 17 years had married a Hindu Man aged 33 years. They apprehended dangers at the hands of their family who had been threatening the married couple that they would falsely implicate them in criminal cases and end their marriage. Moreover, the couple also feared that they might be a victim of honour killing due to the constant threats given by their families.

In this case, the Punjab and Haryana High Court held that the law is clear that the marriage of a Muslim girl is governed by the Muslim Personal Law. Therefore, a Muslim girl who has completed 15 years of age is competent to marry without the consent of her guardian.

It further stated that the right of the couple to ask for protection of their life and personal liberty is a Fundamental Right under Article 21 of the Constitution. It stated that “Merely because the petitioners have got married against the wishes of their family members, they cannot possibly be deprived of the fundamental rights as envisaged in the Constitution.” The Court granted protection to the couple under Article 21.

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