1. This is a petition under S 491, sub-section (1), Clauses (a) and (b) of the Criminal Procedure Code, for release from illegal detention, of the petitioner's son, aged 11 years, by his mother, the first counter-petitioner. The petitioner had married her in the year 1123 M.E. corresponding to 1947-1948 A.D. and has three children by her, the boy in question being the eldest. He divorced her on December 6, 1959, but according to him, his children continued to live with him. On January 4,1960, a registered release deed was executed by the first counter-petitioner which, while affirming the divorce, declared inter alia, that the children would be maintained by the petitioner, but that, whenever she desired to see any of them the child would be sent to her. The only effect and meaning of this is, that the custody of the children was with the petitioner even after the divorce and at the date of the document. The petitioner's case is, that after the school closed, the boy was sent to his mother on April 12,1960, at her request, in the expectation that he would return soon, but that he was being unlawfully detained by her She has also made an application under S.488, Crl. P.C