C.T. Selvam, J.

1. This Criminal Revision arises against the order of learned Judicial Magistrate, Perambalur, passed in Crl. M.P. No. 11762 of 2012 on 23.11.2012. Respondent, a Child Marriage Prohibition Officer cum District Welfare Officer, Perambalur, moved Crl. M.P. No. 11762 of 2012 before learned Judicial Magistrate, Perambalur, informing that petitioners and another had arranged a child marriage on 17.11.2012, that the intended bride had been born on 18.05.1995 and therefore, the proposed marriage was in violation of The Prohibition of Child Marriage Act, 2006. She sought an injunction there against. It was contended on behalf of petitioners that respondent was acting towards gaining publicity and as the intended bride was a Muslim girl, personal law of Muslims was applicable. The Shariat Act, 1937, had made applicable such personal law. The intended bride was above 15 years and below 18 years. Muslim law informed that a girl could be given in marriage upon her attaining puberty and there was a presumption of her having done so at age 15. It therefore was contended that the intended marriage could not be prevented. In making absolute the interim order of injunction passed by it on 16.11.2012, the Court below took note of the judgment of Full Bench of this Court in T. Sivakumar v. Inspector of Police, Thiruvallur Town Police Station, Thiruvallur District, (2011) 4 MLJ (Crl.) 315 to the following effect:

"15..........As envisaged in Section 1 of the said Act, it extends to the whole of India except the State of Jammu and Kashmir; and it applies also to all citizens of India; provided that nothing continued in this Act shall apply to the Renoncants of the Union territory of Pondicherry. It is manifestly clear that this Act is secular in nature which has crossed all barriers of personal laws. Thus, irrespective of the personal laws, under this Act, child marriages are prohibited.

16. The term "child" has been defined in Section 2(a) of the said Act which states that "child" means a person who, if a male, has not completed twenty-one years of age, and if a female, has not completed eighteen years of age."

2. It also took note of the decision of the Division Bench of Delhi High Court in Mohammed Nihal v. State 2008 (4) Crimes (HC) 650 (Del), wherein it had been held that The Prohibition of Child Marriage Act, 2006 was applicable to Muslims.

3. In circumstances where the intent of petitioners to conduct the marriage of the girl aged below 18 years was clear, the Court below under orders dated 23.11.2012 restrained petitioners from proceeding or solemnizing the marriage of the girl until she completes the age of 18. Aggrieved by such order, the present revision has been filed.

4. Heard learned counsel for petitioners. None appear for respondent. However, as the matter is of some social importance and welfare of children is a matter of concern irrespective of caste, creed or religion, this Court requested Mr. Abudu Kumar Rajarathinam, to act as Amicus Curiae and graciously he had obliged.

5. Learned counsel for petitioner submitted that the Shariat Act, 1937, was a progressive enactment which had been passed towards uplifting the lot of Muslim women. The same made applicable to Muslims their personal law. Such personal law permitted marriage of a Muslim girl upon her attaining puberty. It further provided that upon a Muslim girl attaining the age of 15, her having attained puberty would be presumed. The Shariat Act, 1937, is a special enactment which would prevail over a general enactment, such as The Prohibition of Child Marriage Act, 2006. Informing that the test to determine whether an Act is special or general would be to consider its effect, learned counsel submitted that the Shariat Act, 1937, and the Muslim Personal Lav/(Shariat) Application [Tamil Nadu Amendment Act], 1949, made applicable the personal law to Muslim marriages and thereby excluded the application of general law contained in The Prohibition of Child Marriage