Patherya J. :

By this writ petition the petitioner seeks issuance of a writ of habeas corpus for the production of the missing girl, Manisha Khatoon (Manisha) who according to the petitioner, had gone missing. Pursuant to orders passed, the missing girl Manisha appeared in Court along with her husband Arman Sekh (Arman). Manisha is 16 years of age and Arman is 17 years of age. Therefore, both Manisha and Arman would under the statutory laws of the land be classified as juveniles. But, Counsel for Arman has taken a plea that Arman and Manisha are both Mohammedans and entitled to contract a marriage on attaining puberty.

To resolve the said issue Mr. Bikash Ranjan Bhattacharya, Senior Advocate was appointed as amicus curiae and it is submitted by him that Muslim Personal Law (Shariat) Application Act, 1937 makes applicable Muslim Personal Law to Muslims in the matter of marriage, dissolution of marriage, maintenance, dower, guardianship, gifts, trusts and trust properties and wakfs. Section 2 of the 1937 Act specifically provides that when the parties are Muslims, the Muslim Personal Law (Shariat) will be applicable.

According to Mulla a Mohammedan of sound mind who has attai