The matter has now reached the Supreme Court through a local court in Lucknow. The girl is currently living in the Uttar Pradesh State Government Children's Welfare Center.
The Supreme Court has given the date of October 1 for hearing the matter. The Supreme Court has ordered that the victim be presented during the hearing.
A three-member bench headed by Justice NV Ramanna has directed the state government to take full care of the girl and her father and husband are also present during the hearing.
The boy who married this girl is also a resident of Bahraich. The boy wanted to marry the girl of his own village, but when the girl's father found out about this, he decided to marry his friend's son.
After the incident, the girl approached the young man and the next day, June 22, the couple got married.
According to the 23-year-old, "After we were married, the girl's father filed an FIR against me for abducting a minor girl."
'The girl, in her statement filed before the magistrate, said that she has married voluntarily and she wants to stay with me. The girl also stated in her statement that she did not want to go to her parents' house because her life was in danger there.
Bahraich's district court in its decision June 24 heard in the case that the girl is not yet married so she will remain at the Government Children's Welfare Center until she is an adult.
The boy appealed to the Lucknow High Court challenging the court's decision, but the High Court dismissed his submission and rejected the marriage that the girl was a minor under the Juvenile Justice (Care and Protection) Act. Will go.
Following the decision, the girl was sent to a women's welfare center in Ayodhya.
The Supreme Court also expressed displeasure at the September 23 hearing on why a minor girl was legally sent to a women's welfare center. However, the state government had told the court that it was being sent to the Children's Welfare Center.
The married couple challenged the High Court's decision by stating that they were married in accordance with Muslim Sharia and in this regard their marriage is correct.
The couple's lawyer, Dushin Prakash, told the BBC: 'The girl has married under Muslim law, which says that a 15-year-old girl can marry and she can marry anyone she wishes at that age. '
According to doctors, the girl is 16 years old. Therefore, marriage cannot be declared illegal. In our petition, we have said that the decision of the lower court is wrong. The girl should have the right to live her way. '
Dashent Prakash says that there has never been a debate in the High Court that the marriage of a girl cannot be invalidated according to Sharia law. They say marriage is not illegal if it is discussed.
During the hearing of this case, the Jamala case of Jammu and Kashmir was presented as an example.
"In this case in 1982, the Supreme Court had said that when the bodies of young people are getting older, a difference of two years in adulthood has no meaning and can be considered," says Dashent Prakash.
Regarding this marriage, religious leader Khalid Rasheed Fungi Mohali says that when it comes to the freedom of religion in the Constitution, the marriage should be legalized.
According to him, the age of adulthood in Islam is when children become scientifically mature. If a girl is an adult, she can live as she wishes, because if she has been freed religiously, then there should be no legal restriction. '
'One thing and there are fewer marriages in Muslim society, but they say they are not equal. Marriages here usually occur after the age of 15 or 16, and girls of that age are considered adults. But in such cases, my opinion is to take a decision based on the wishes of the girl. '
He further said that because of the FIR, the decision went to court and the question of age was raised. Marriages usually take place in a Muslim society at this age even if both families have no objection.
"Men and women belong to the same village," says Azim Mirza, a local journalist in Bahraich. Both families are farmers, but there is a considerable difference between the two. The boy is only 9th grade. That is why the family of the girl is against this marriage and took legal action against the marriage of the girl. '
The girl's family could not be contacted in the case, but they are currently awaiting a Supreme Court verdict.
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