- (1.) WE have heard learned counsel for petitioner and perused the pleading of writ petition as also C.M.A. No. 31731 (w) of 2012 (Application for recall/modification of order dated 23.3.2007 passed by a Coordinate Bench).
(2.) IT appears from the pleading as also submission of learned counsel for petitioner that an application was moved vide Annexure-4 to the writ petition under the provisions of Protection of Women from Domestic Violence Act, 2005. Acting thereupon, the Probation Officer passed an order dated 20.1.2007 directing Station House Officer, Police Station Cantt., Lucknow to take petitioner and other opposite parties in custody and produce them in his office. IT was also directed to ensure restoration of custody of female child aged about two and half years to her mother, namely, Smt. Kanti Devi. Thereafter vide order dated 06.03.2007 another order was passed for restoration of custody of the female child to her mother. These two orders were called in question in this writ petition and vide orders dated 21.3.2007 and 23.3.2007, a Coordinate Bench of this Court directed as under: "The petitioner is present in person before us. The learned counsel for the petitioner states that the petitioner will file an affidavit during the course of the day that he is agreeable to hand over the custody of his daughter Smriti Rawat to his wife, i.e. respondent no. 3, Smt. Kanti Devi. He further states that he will keep the child present in the Court on Friday, i.e. 23.3.2007. The Government Counsel will send a message to the concerned Officer, Lakhimpur Khiri requesting respondent no. 3 to remain present on 23.3.2007 in this Court so that custody of her child would be handed over to her. Matter to stand over to 23.3.2007. The petitioner will not be arrested under the impugned order in the meanwhile. The Registry will send a copy of this order to the Chief Judicial Magistrate, Lakhimpur Kheri for compliance." 2. The petitioner is present in person before us with the child, namely, Smriti Rawat as he assured on the last date to hand over the child to respondent no. 3, Smt. Kanti Devi. He has handed over the child to Smt. Kanti Devi, respondent no. 3. She is at liberty to take her child with her. The petition raises the question with respect to the powers of the Protection Officer under the Protection of Women From Domestic Violence Act, 2005. We admit this petition.
(3.) RESPONDENTS may file counter affidavit within four weeks. Matter will be listed for further hearing thereafter.;