The Supreme Court Thursday asked the Uttar Pradesh Home Secretary to appear before it on September 23 to respond to a minor Muslim girl’s plea challenging an Allahabad High Court order declaring her marriage in June as void.
A bench of Justices N V Ramana and Ajay Rastogi was upset the state had not responded to the plea despite it being given time. It added that “under the above circumstances, we are compelled to seek the appearance of Secretary, Department of Home, Lucknow, U.P. on Monday, the 23rd September, 2019”.
The 16-year-old has claimed that under Mohammedan law, a female who has attained the age of puberty, that is 15 years, can take independent decisions for her life including marriage.
The HC had said that since she is a “minor”, her case will be governed by the Juvenile Justice (Care and Protection) Act, 2015.
In her appeal, the girl said she had performed ‘nikah’ with the man she loved on her own volition under Mohammadan law.
The girl’s father had lodged a police complaint alleging she was kidnapped.