RAMESH Vs. LAXMIBAI

JUDGEMENT

(1.) Leave granted.

(2.) The appellant divorced the respondent, Smt Laxmi Bai through a decree of divorce dated 16/12/1993. Amit, son of the parties born on 26-2-1987 was at that time living with the appellant. On 16/2/1995, the respondent sought search warrants under Section 97 of the Code of Criminal procedure for recovery of Amit. The learned Sub-Divisional Magistrate opined that the appellant was the natural guardian of Amit, the nine-year-old son of the parties, and, therefore, he could not be said to be under any illegal confinement and consequently the application for issuance of search warrants under Section 97 Criminal Procedure Code was dismissed vide an order dated 20-2- 1995. It appears that the respondent in the meantime had filed an application under the Guardians and Wards Act in 1995. We are informed by learned counsel for the appellant that the said application is still pending. Against the order of the Sub-Divisional Magistrate dated 20/2/1995, the respondent filed a revision petition and the learned Additional Sessions Judge exercising his revisional jurisdiction allowed the petition and directed the custody of the child to be given to the respondent. A revision petition filed by the appellant against that order in the High court was dismissed on 17/7/1996.

(3.) We have heard learned counsel for the appellant and the respondent, though served repeatedly, has chosen to remain absent.