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1987 Supreme(All) 284

R.R.MISRA
ZAHIRUL HASSAN – Appellant
Versus
STATE OF U. P. – Respondent


Advocates Appeared:
RAJIV SHARMA JITENDRA

R. R. MISRA, J.

( 1 ) OUT of the wedlock of Zahirul Hasan and Smt. Hasin Bano, a son was born. In January, 1987 the father forcibly took the child aged 1 years from the custody of the mother. The mother, therefore, moved an application under S. 97 of Cr. P. C. against the father. It is admitted case of the parties that relationship of husband and wife still subsists. During pendency of the said appliction 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 S. 97 of Cr. P. C. He also relied upon the concession made on behalf; of the husband that he has no objection in giving custody of the child to his mother. Therefore, the husband was directed to hand 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 said directions of the Court. He, however, filed a revisi



































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