Justice JB Pardiwala stated that Child Marriage Act is a Special Act and it will override the provisions of Muslim Personal Law, Hindu Marriage Act or any personal law.
Gujarat High Court has ruled that Prohibition of Child Marriage Act will also apply to a Muslim person, adding that those who didn’t allow change in the Muslim Personal Law have done a great disservice to the community.
Justice JB Pardiwala stated that Child Marriage Act is a Special Act and it will override the provisions of Muslim Personal Law, Hindu Marriage Act or any personal law. The court was hearing a case of Yunush Shaikh who eloped and married a 16-year-old girl living in his neighbourhood.
Shaikh argued that Child Marriage Act won’t apply to him as he would be governed by the Muslim Personal Law. The High Court rejected the petitioner’s argument and ordered the police to probe the case under the provisions of Child Marriage Act.
ANI