Where the complaint of the husband was that his wife was unlawfully detained by her mother-in-law with a view 10 get her married to another person it was held that the provisions of Section 98 were applicable in such a case.
But detention by the father his minor daughter contrary to the wishes of her husband cannot be said to be unlawful unless it was further proved to be against her will, and therefore, the case was not covered by Section 98 of the Code. Thus it is clear that the powers under this section can be exercised only under two conditions, viz., (i) there must be unlawful detention; and (ii) such detention should be for an unlawful purpose.
It may be stated that the present section differs from the earlier Section 97 in two major aspects, namely,
(1) This section refers to “unlawful detention of a woman or a female child under the age of 18 years for any lawful purpose”, but Section 97 refers to “any person confined wrongfully”; and
(2) The only order that can be passed under this section is restoration of the female to her liberty or to her lawful guardian. But a warrant for arrest of a female who has wrongfully confined to someone may be issued under Section 97 of the Code.