1. This is a petition by a German mother for the custody of her two children, the daughter Konstanze, aged about 41/2 years, & the son Thomas Markus who is nearing but having not yet attained the age of 3. The petition is under Art.226 of the Constitution of India and the prayers are that a Writ of Habeas Corpus be issued to the respondents to produce the children before this Court and that a further direction be given to hand over the children to the custody of the mother. The father of the children is the 1st respondent, the 2nd respondent is the father of the 1st respondent, and the 3rd respondent is the wife of the 2nd respondent, the 2nd respondent having married again after the death of the 1st respondent's mother.

A Division Bench of this Court before which this petition came up along with C. M. P. 143 of 1968 for the issue of a mandatory injunction ordered on C. M. P. 143 of 1968 on 4-1-1968, that the respondents produce the children before this Court at 10-30 A. M. on 8-1-1968. By an order on C. M. P. 257 of 1968 dated 8-1-68 the direction to produce the children on the 8th January, 1968, was altered and the direction issued that the children be produced on the