Decided on June 14,1954

UMABAI Appellant
LIMBAJI Respondents


- (1.) THIS revision petition by the mother of a minor girl is against two orders of the District Magistrate, Hyderabad District, dated May 19 and 24, 1954, whereby the daughter has been directed by a search warrant to be brought into the court and then handed over to the respondent.
(2.) THE proceedings in the court below had started on an application by one Limbaji, who is the opposite party to this revision petition, alleging that Uma Bai, the mother, was the applicant's paternal aunt; Nagoba, her husband, had died leaving by her a daughter Chotoo Bai who is now eleven years old. In paragraph 2 of the application, it is alleged that Nagoba was a member of the joint family when he died, and Uma Bai as well as Chotoo Bai both continued to live in the family; that Chotoo Bai, the daughter, is still a member of the joint family, but Uma Bai had remarried. The petition then contains the allegations that Uma Bai a month back had taken away the minor girl to Bidar, she and her husband were asked to send back the girl, had refused to return the girl, and the mother had said that her husband was determined to get the girl married to someone in his own family, necessary arrangements had been made by Uma Bai and her husband to marry the girl within 8 or 10 days without the knowledge and consent of her lawful guardian, the members of her father's family, therefore, the custody of Uma Bai and her husband of the minor girl is unlawful, amounts to an abduction and illegal detention or an unlawful purpose, and the court should Under Section 552, Criminal P. C. order the restoration of Chotoo Bai to the petitioner, who has claimed to be working 'karta' of the family because of the old age of his father.
(3.) THE Magistrate thereupon took down the1 deposition of the applicant before him and it pears from the order-sheet of 19-5-1954, that on being satisfied from the statement about the case being a proper one Under Section 552, Criminal P. C, he issued a search warrant for the recovery of the girl, die search warrant was executed and the girl was brought in the Court. From the order-sheet of 24-5-1954, it appears that the girl was handed over to the applicant before the Magistrate, and a receipt obtained from the applicant, and therefore the case was closed.;

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