Judgment

SARKAR, J. : The appellant is an unmarried sunni moslem woman. She has an infant female illegitimate child called Anjum. The appellant made an application to the High Court at Bombay under S. 491 of the Code of Criminal Procedure for the recovery of the custody of the child from the respondents. That application was refused. Hence this appeal.

2. The appellant s case is as follows: She is the daughter of one Panna Bai. The respondent Kaniz Begum is Panna Bai s sister. Kaniz Begum, whom it will be convenient to refer as the respondent, took the appellant over from Panna Bai and brought her up. Prior to 1951 the respondent had put her in the keeping of two persons and had thereby made pecuniary gain for herself. In 1951 the appellant met one Trivedi and since then she has been living continuously in his exclusive keeping. The appellant stayed with Trivedi at Jabalpur up to 1954. On September 4, 1952, the child Anjum was born to her by the said Trivedi. In November 1953, she bore another child to him of the name of Yusuf alias Babul. In 1954 the appellant with her said two children, her mother who had been living with her, and Trivedi left Jabalpur and came to live in Bombay. A