RITA RANI SINGH Vs. RAGHURAJ SINGH

JUDGEMENT

(1.) This a petition for a writ of habeas corpus and for an order under Sec, 491(1) (b), Cr. P. C. The petitioner Smt. Rita Rani Singh is the wife of the respondent Sri Raghuraj Singh. They have a child named Alka. The petitioner's allegations are as follows:

(2.) The relations between the parties became strained and they started living separately, the petitioner in Allahabad and the respondent at Bulandshahr. The respondent came to Allahabad in a taxi and on the 23rd of May, 1962, took the petitioner, their child Km. Alka and the petitioner's sister Merlin P. Tewari to an evening show at Palace theatre in Civil Lines, Allahabad, while the cinema show was on Km. Alka started crying and the respondent took her outside the cinema hall on the pretext of quietening her. He, however, did not return inside the hall and left with the child on his taxi for Bulandshahr. The present age of Km. Alka is 21/2 years. The petitioner made an application under Sec. 11 of the Guardians and Wards Act in the court of the District Judge, Allahabad for being appointed the guardian of Km. Alka. That petition was dismissed on the finding that the District Court of Allahabad had no jurisdiction to decide the case. On these facts the petitioner has prayed for the following reliefs:-

(3.) Learned counsel contended that the natural guardian of a female child aged 21/2 years is the mother and not the father and consequently the custody of the child with the father is unlawful. In support of this contention learned counsel has placed reliance upon Cl. (a) and specially the words italicized in Sec. 6 of the Hindu Minority and Guardianship Act, 1956, which reads as follows: