JUDGMENT

Mohd. Hamid Hussain, J. - The learned Sessions judge has made a recommendation to this Court for the setting aside of the impugned order of the judicial Officer City, Meerut, dated February 19, 1973 directing Smt. Gomti, a minor girl aged about 16 years, to be given in the custody of Sri Chand, the alleged husband.

2. The brief facts are that Sri Chand filed a complaint on July 31, 1972 under section 498 I.P.C. against Sukhbir Singh and Mahabir alleging that they had enticed away his wife Smt. Gomti The magistrate issued warrant and Smt. Gomti appeared in court on August 5, 1972, She applied for recalling the warrant. The court directed her to execute a personal bond in the sum of Ks. 500/- for her appearance in Court on subsequent dates. Smt. Gomti executed the personal bond but she could not appear in court subsequently on account of illness. On October 23, 1972 Smt. Gomti appeared in court. Request was made on behalf of complainant to put her in the Government protection Home. The orders were accordingly passed. Sub- sequently on the application by Sri Chand the Magistrate directed Smt. Gomti to be given in his custody. This order was resisted by Smt. Gomti and her broth