On October 17, 2022, a division bench of the Supreme Court issued notice on the petition submitted by the National Commission for the Protection of Child Rights (NCPCR) contesting a recent ruling by the Punjab and Haryana High Court that a Muslim girl can enter into a legal marriage at the age of 16. The Supreme Court appointed Senior Advocate R. Rajasekhar Rao as an amicus curiae for assistance on the issue.

The Solicitor General of India Tushar Mehta appeared for the NCPCR and requested a stay of the observations in the judgement. Tushar Mehta argued that "Please stay these two paragraphs of the contested order." The impact of the ban on child marriages as well as the POCSO Act, according to SG Tushar Mehta, is a "serious issue."

"We are saying we will examine the issue. Let us hear the amicus and we will hear the matter," The Court remarked.

The High Court granted protection to a Muslim couple, noting that a girl of puberty is of marriageable age under Muslim Personal Law. The High Court determined that a Muslim girl's marriage is governed by Muslim Personal Law based on the precedent set by the landmark judgement.

"The law, as laid down in various judgments cited above, is clear that the marriage of a Muslim girl is governed by the Muslim Personal Law. As per Article 195 from the book 'Principles of Mohammedan Law by Sir Dinshah Fardunji Mulla', petitioner No.2 being over 16 years of age was competent to enter into a contract of marriage with a person of her choice. Petitioner No.1 is stated to be more than 21 years of age. Thus, both the petitioners are of marriageable age as envisaged by Muslim Personal Law." the High Court observed in the Impugned order.

The Division Bench had noted that according to Article 195 of the book "Principles of Mohammedan Law by Sir Dinshah Fardunji Mulla," any Mahomedan of sound mind who has attained puberty may enter into a marriage contract, and puberty is presumed, in the absence of evidence, on the completion of the age of fifteen years.

Apart from that, the judgement also violates the spirit of the Prevention of Children from Sexual Offenses Act of 2012 (POCSO), which is also a secular law. According to the law, no child under the age of 18 can give valid consent.