RAMESH Vs. LAXMI BAI

JUDGEMENT

(1.) PETITIONER Ramesh, who claims to have divorced his non- petitioner/wife Smt. Laxmi Bai, has filed this revision petition challenging the correctness and propriety of the order dated 9. 7. 1996, passed by Additional Sessions Judge, Baloda Bazar, Raipur in Criminal Revision No. 210/95.

(2.) S. D. M. , Bhatapara vide order dated 20. 2. 1995 dismissed the application, filed by non-petitioner/wife Laxmi Bai, under the provision of Section 97, Cr. P. C, praying for a direction to petitioner-husband Ramesh, for the production of their minor child, Amit Kumar, in the Court. Frustrated mother Laxmi Bai then ap- proached the Court of Sessions, by filing a revision petition against the dismissal of her application by the S. D. M. The Revisional Court, on considering facts in its entirety, while allowing the revision petition directed S. D. M. , Bhatapara for issuing a search warrant for the production of minor child Amit Kumar, in the Court. The Revisional Court further directed that the minor child Amit Kumar, on his production in the Court, be allowed to go and remain with his mother, Laxmi Bai.

(3.) MR. Awasthy, the learned Counsel for the petitioner, contended that the Revisional Court has transgressed its limits, as no such order could have been passed by a Criminal Court, in the proceedings, initiated under Section 97, Cr. P. C.