Petition filed belatedly

Mother (petitioner) alleged that her sons (alleged detenus) were in the illegal custody of their father (respondent), who entered her house and forcibly took away the children

Validity

Children were with their father, for the last four to five months and present petition had been filed after lapse of such period without any explanation

After children were removed from her custody unlawfully, mother should have filed a report with the police or made a complaint to concerned authorities in accordance with law

Prima facie, it appeared from the conduct of mother that the children were not removed forcibly from her, therefore, it could not be said that custody of children with their father was illegal or unlawful, within the meaning of S. 491, Cr.P.C.

No proceedings under Guardians and Wards Act, 1890 were pending before Court

No question arose of giving away regular custody of children to either party declaring any of them as guardian under S.7 read with Ss. 12 & 25 of Guardians and Wards Act, 1890 because regular custody was to be decided in the proceedings under the said Act

Petition was dismissed in circumstances, however as an interim arrangement, father of children was directed to leave the children with their mother every week from Friday evening till Sunday evening, after which the mother would return the children without fail, and both parties were further directed not to remove the children out of the city without permission of the court.