JUDGMENT

Vikramajit Sen, J.

1. A Muslim husband, Mohd. Nihal, seeks the custody of his Muslim wife, Mst. Afsana, by means of this habeas corpus petition. Nihal (the Petitioner) asserts that he is 22 years of age and was married to Mst. Afsana on 31.3.2008 in consonance with Muslim rites and ceremonies at Madarasa Alia, Masjid Fatehpuri, Delhi. The age of Mst. Afsana is the cause of controversy, both factual and forensic. One of the witnesses to this marriage is the husband of the sister of Mst. Afsana who, according to Nihal, had acted as her guardian (Wali). An F.I.R. under Section 363 IPC has been registered on 31.3.2008 at the instance of Mst. Akhatari Begum (mother of Mst. Afsana) who has appeared in these proceedings and has opposed the handing over of her daughter to the Petitioner. These are the adversaries before us. Since complex questions of Muslim Law have arisen, and Mst. Akhatari Begum is not financially sound to engage an Advocate, we had requested Mr. Najmi Waziri, Advocate to act as amicus curiae.

2. The Prohibition of Child Marriage Act, 2006 (No.6 of 2007) [for short 'PCM' Act hereinafter] having been published in the Gazette of India Extraordinary on January