S. Tamilvanan, J.

1. This Writ Petition has been filed seeking an Order in the Nature of Writ of Mandamus or any other Order or direction, in the nature of Writ, forbearing the Respondents from in any way interfering with any marriage being solemnized as per the Muslim Personal Law, by invoking the provisions of the Prohibition of Child Marriage Act, 2006 (hereinafter referred to as "the Act") and the Rules made thereunder. This Writ Petition has been filed in the nature of Public Interest Litigation. The Miscellaneous Petition in M.P.(MD) No. 2 of 2015 was filed by the Writ Petitioner, seeking an Order to direct the Respondents 7 to 9 to produce Miss Aysha Banu, daughter of one Syed Abuthahir and set her at liberty, to the custody of her parents, stating that the minor girl, aged 16 years was taken by the officials of Social Welfare Department and kept in the Home, run by the 9th Respondent, on account of the marriage being arranged by her parents, against the provisions of Prohibition of Child Marriage Act, 2006. Having considered the facts and circumstances, this Court, by Order dated 6.3.2015, had directed the Respondents to produce the minor girl Aysha Banu before this Court and accordingly, she was produced on 9.3.2015. There was no Complaint by the minor girl against the Authorities whatsoever especially in respect of providing food, shelter and the treatment in the home. While we enquired the minor girl, Aysha Banu, expressed her willingness to go along with her parents who were present before this Court. Having considered the willingness expressed by the girl and the Affidavit of Undertaking filed by her parents that they would not perform her marriage until final Orders being passed in the main Writ Petition, against the provisions of the Act, we permitted the girl to go along with her parents.

2. Mr. W. Peter Ramesh Kumar, learned Counsel appearing for the Petitioner submitted that Muslims are governed by Mahomedan Law, being their Personal Law, so far as marriage, divorce and other matrimonial rights are concerned. According to him, a mohammedan girl is entitled to marry on attaining her puberty or after the age of 15 years, for which even the consent of her parents or guardian is not required. The Counsel for the Petitioner argued that invoking the provisions, pertaining to Prohibition of Child Marriage Act, 2006 is improper and illegal, so far as the Muslims are concerned. Learned Counsel for the Petitioner further contended that the provisions of Child Marriage Act, 2006, stipulating minimum age limit as 18 years, so far as, any Muslim girl is concerned, to be void. It is seen that the relief sought for in this Writ Petition is not to declare the Act or any provision of the Act as void or not applicable to any Muslim girl on the ground that the same is contrary to Shariat Law. In the Writ Petition, no declaratory relief is sought for. The Petitioner has filed the Writ Petition as 'Pro bono publico', seeking an Order in the nature of Writ of Mandamus or any other Writ, forbearing the Respondents from interfering with any marriage being solemnized as per Muslim Personal Law, by invoking the provisions of the Prohibition of Child Marriage Act, 2006. In support of his contention, the learned Counsel appearing for the Petitioner relied on the following decisions:

"1. Munshi v. Mt. Alam Bibi, AIR 1932 Lahore 280;

2. Saifuddin Saheb v. State of Bombay, AIR 1962 SC 853;

3. Smt. Ass Kaur (deceased) rep. by L.Rs. v. Kartar Singh (Dead) by L.Rs. & others, Appeal (Civil) No. 12395 of 1996, dated on 18.5.2007."

3. Per contra, Mr. K. Chellapandian, learned Additional Advocate General, strenuously argued that the Prohibition of Child Marriage Act, 2006 is applicable to everyone in the country, irrespective of their religion, including Muslims, hence the relief sought for in the Writ Petition is not legally sustainable. In support of his contention, the learned Additional Advocate-General relied on the following decisions ren