JUDGMENT

Bennet, J. - This is an application which has been made to this Court u/s 491, Criminal P.C., by Mt. Haidari Begum who was married to the opposite party Saiyed Jawad AH Shah known as the Mian Sahab of Gorakhpur. The application is that the minor son aged 4 years of the parties should be brought before this Court and be delivered to the applicant. It is stated that on 29th July 1933, the applicant left Gorakhpur to go to the house of her father in Lucknow and she expected her husband to follow with the child, but her husband did not come or send the child, and on the 2nd August, she received a letter from her husband divorcing her. Her husband has kept the child. She has therefore made this application as under the Mahomedan law the mother is entitled to the guardianship of a child under 7 years of age. Now, the first question which arises is whether this Court should exercise its discretionary power u/s 491 in this matter. The discretionary power is given by the following words : "Any High Court may, wherever it thinks fit, direct." In the present case it appears to me that there is another form of procedure which may be adopted by the applicant under the Guardian and Wards