A.K. SIKRI, J.

1. Five questions are formulated by the Division Bench in its order dated 31.7.2008 passed in WP(Crl.) No.338/2008 for reference to the larger Bench. Though we shall take note of these questions at a later and more appropriate stage, we would like to point out at the outset that the issues raised can be put in two compartments, viz., (i) what is the status of marriage under Hindu Law when one of the parties to the marriage is below the age of 18 years prescribed under Section 5(iii) of the Hindu Marriage Act, 1955 and Section 2 (a) of Prohibition of Child Marriage Act, 2006 (hereinafter referred as the “PCM Act”) and (ii) when the girl is minor (but the boy has attained the age of marriage as prescribed) whether the husband he can be regarded as the lawful guardian of the minor wife and claim her custody in spite of contest and claim by the parents of the girl. What is the effect of the Prohibition of Child Marriage Act, 2006?

2. After the aforesaid reference was made, as some other petitions involving same questions came up for adjudication, they were also directed to be listed along with Writ Petition (Crl.) No.338/2008. That is the raison detre that all th