As per case facts, an unmarried Sunni Muslim mother sought custody of her illegitimate female child from relatives via a s. 491 CrPC application. The relatives refused, disputing paternity and ... claiming superior care, leading the High Court to dismiss the plea, citing controversial facts and an alternative remedy under the Guardian and Wards Act. The question arose whether the mother of an illegitimate child had a legal right to its custody under Mohammedan law and if refusal to return the child constituted illegal detention under s. 491 CrPC. Finally, the Supreme Court ruled that under Mohammedan Law, the mother is entitled to the custody of her illegitimate child, and its retention by others is illegal detention under s. 491 CrPC. Paternity disputes are irrelevant. The Court found no justification for denying the mother custody, emphasizing that an alternative remedy under the Guardian and Wards Act does not preclude relief under s. 491, and directed custody to the mother.