VAKIL AHMAD Vs. AQILA KHATOON

JUDGEMENT

(1.) This revision petition under Section 397, Cr.P.C. is directed against an order dated 23rd September, 1993, passed by the learned Sessions Judge, Ghazipur, whereby he allowed a criminal revision filed by the respondent Smt. Aqila Khatoon and directed that the custody of the child be handed over to her.

(2.) I have heard the learned Counsel for the revisionist and the learned Counsel for the respondent.

(3.) The revisionist and the respondent No. 1 were husband and wife. The later approached the Magistrate under Section 97, Cr.P.C. for recovery of their baby boy. Her allegation was that the husband turned her out of the house and on 8th February, 1993, he removed the child from her custody and took him away. The revisionist contended that he has divorced the applicant (respondent) and the child was living with him. The child was produced before the learned Magistrate. He was about 3 years 4 months of age and was attached to the father and was not responding to the mother.