Under the Muslim Personal Law, a girl can marry as per her choice if she has attained puberty.
“I may observe that India is governed by secular concepts provided under the Constitution and Sharia cannot override the same. The Muslim Personal Law only applies to cases relating to marriage, divorce and personal relations but has no applicability in case of a criminal liability,” the judge said.
The court's observation came while dismissing the bail plea of a man, accused in a kidnapping and rape case of a 17-year-old girl.
The accused told the court that the girl was in love with him and they wanted to marry but this was not acceptable to her parents and she went to Jaipur with him of her own will.
He admitted that they had developed physical relations there and thereafter the girl had returned to her home.
He also said that the girl had given her statement against him under her parents' pressure but now both the families are ready to solemnize their marriage and the dispute has been resolved between them.
He was arrested under provisions of the IPC dealing with kidnapping and the Protection Of Children from Sexual Offences (POCSO) Act dealing with sexual assault.
