JUDGMENT

R.R. Misra, J. - Out or the wedlock of Zahirul Hasan and Smt. Hasin Bano, a son was born. In January 1987 the father forcibly took the child aged 1½ year from the custody of the mother. The mother, therefore, moved an application under section 97 of the Code of Criminal Procedure against the father. It is admitted case of the parties that relationship of husband and wife still subsists. During pendency of the said application before the Additional District Magistrate (City) Kanpur Nagar, an attempt for a compromise was made but the same failed. On a consideration of the entire facts of the case the Additional

District Magistrate (City) Kanpur Nagar came to conclusion that the wife was legally competent to keep the child with her and the case was covered by the provisions of section 97 of the Code of Criminal Procedure. He also relied upon the concession made on behalf of the husband that he had no objection in giving custody of the child to his mother. Therefore, the husband was directed to band over the child to the mother in presence of the police and was further directed not to take away the child without due consent of the mother. The husband did not comply with the sa