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 these petitions were heard together. We would be in a better position to appreciate the issues involved if facts in each of these cases are taken note of in the first instance.

Writ Petition (Crl.) No.338/2008

3. A letter was addressed by Smt. Lajja Devi wife of Sh.Het Ram, R/o Village Mohra, P.L. Jagat, P.S. Musa Jhag, District Badayun, Uttar Pradesh to the Hon”ble the Chief Justice of this Court. In the letter, it was alleged by Smt. Lajja Devi that her daughter named Ms.Meera, who was around 14 years of age (date of birth being 6.7.1995) was kidnapped by Promod, Vinod, Satish, Manoj S/o Shri Raj Mal. This kidnapping is purported to have taken place when Ms. Meera had visited Delhi to meet the brother-in-law of the Complainant at A- 113, Rajiv Nagar Extension, Near Village Begumpur, Delhi-110086. On the basis of the said information, an FIR bearing No.113/2008 under Section 363 IPC had been registered at P.S. Sultanpuri on 21st February, 2008 against the aforesaid accused persons.

4. This letter was treated as a Writ Petition and was placed before the appropriate Bench on 14th March, 2008 whereupon notice was issued to the State directing it to file the Status Report. Four Status Reports have been filed by the Police from time to time. These Reports are dated 02.4.2008, 12.5.2008, 11.5.2008 and 11.7.2008. The local Police, as a consequence of registration of this FIR, had arrested Shri Charan Singh from Village Sakatpur District Badayun, U.P. wherefrom the minor girl Ms.Meera was also recovered, as both of them were living together. The girl had made a statement under Section 164 of Cr.P.C. before the learned Metropolitan Magistrate, Rohini Courts Delhi that she had gone along with the accused Charan Singh of her own free will as her Uncle and Aunt were marrying her against her wishes. Charan Singh was taken in Judicial Custody on 8.6. 2008. Admittedly, Ms. Meera was a minor, and in all probabilities is aged around 13 years and a month as on that date.

5. Initially, Ms. Meera refused to go along with her parents, her natural guardians, on the ground that they intended were intending to marry her off with some other person. She was, thus, sent to Nirmal Chhaya in judicial custody. However, when the matter came up for hearing on 31.7.2008, she desired to reside with her parents on the assurance given by the parents that they would not marry her to someone else.

6. When the matter was taken up for arguments on 31.7.2008, the aforesaid facts were taken note of which points out that Ms. Meera was not abducted by Shri Charan Singh. On the contrary, she went with him on her own accord and they got married. However, she was not only minor but even less than 15 years of age. She had initially expressed her apprehension in joining her parental home. On the oth