ZEENATH K V Vs. KADEEJA

JUDGEMENT

(1.) Under what circumstances can the power under Section 97 and/or Section 98 of the Cr.P.C. be invoked by a Magistrate in a dispute regarding custody of minor children This is the crucial question that arises for consideration in this Revision Petition directed against an order under which the petitioner's application praying for action under Section 97 or 98 of the Cr.P.C. was dismissed by the court below. The young counsel Mr. Thomas M.Jacob and Mr. Vinod Madhavan have researched the question in detail to assist, this Court.

(2.) To the skeletal facts first. The petitioner is a 23 years old mother of two minor female children aged 4 years and 1 1/2 years respectively. Her husband was employed abroad. She was residing in her matrimonial home along with the relatives of her husband including the respondent herein - her mother-in-law. She would allege that there was ill-treatment at the matrimonial home and she hence decided to leave the matrimonial home and take up employment at Nasik in Maharashtra. With the help of a friend of her one Ismail, she allegedly left her native place leaving the 4 year old elder child at her matrimonial home and the 1 1/2 year old younger child at her parental home along with her parents.

(3.) The petitioner, who had requested her father to bring her from her matrimonial home, had reached her house. But thereafter she made herself scarce on 21/3/2006. She left the native place without leaving any word to any one admittedly along with the said Ismail.