Mack, J.-Petitioner, a student aged 20, has applied under section 491, Criminal Procedure Code, to recover the custody of his wife, Padmavathi Ammal, aged 17, by the issue of a writ of Habeas Corpus, alleging that she was illegally and improperly detained by her mother, the first respondent and her brothers, respondents 2 and 3. I am very doubtful as to the admissibility of this petition which I was inclined to dismiss in limine but for reliance placed on the Bench decision Subbuswami Goundou v. Kamakshi Ammal1 by Beasley, C.J. and Ananthakrishna Aiyar, J. I admitted the petition with notice to the respondents and the petition has been heard by us as a Vacation Bench.

Padmavathi Ammal readily appeared before us accompanied by her mother and she says she left her husband of her own accord owing to ill-treatment by his mother and grandmother, who both live in his house. She fully bears out the affidavit filed on behalf of the respondents that they have nothing whatsoever to do with her leaving her husband their not keeping her from him against her will.

We have carefully considered whether this is a fit case in which we should exercise the discretion conferred on us by section 491, Cri

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