Dismissed

Parag Chandrakant Ware v. Rekha Parag Ware and Anr.

Bombay HC18 Feb 2013WP/133/2013

Case brief

AI extract

What is this about?

In a criminal writ petition filed by a father seeking custody of his minor child, the High Court of Bombay rejected the habeas corpus petition. The court held it was not a fit case for interim writ relief because no statutory custody order was produced, and the mother had taken the child. The court dismissed the petition while keeping statutory remedies open.

What did the court decide?

Petition under Article 226 rejected. Statutory remedies kept open for the petitioner.

Parag Chandrakant Ware Vs Rekha Parag Ware and… — Child Custody and Guardianship | Bombay HC (2013)

crwp133

ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELATE JURISDICTION
CRIMINAL WRIT PETITION NO.133 OF 2013

¶5

Parag Chandrakant Ware
vs.
Rekha Parag Ware & Anr.

¶6

...Petitioner

¶7

None for the petitioner
Mr.K.V.Saste, A.P.P for the State

¶8

CORAM : A.S.OKA, &
 R.D.DHANUKA, JJ.
 DATE : FEBRUARY 18,2013

¶9

P.C.:

¶10

1Perused the report dated 18th February 2013.
Our order dated 21st January 2013 records the
statement of the learned A.P.P on instructions that
the respondent no.1 who is the mother of the child
has taken the child to her parents. The report
submitted today shows that there is a matrimonial
dispute between the petitioner and the first
respondent. In fact, at the instance of the first
respondent, offences under section 498-A, 506 (2),
323 r/w 34 of the Indian Penal Code have been
registered. None appears for the petitioner. It is
not the case made out by the petitioner that there
is any order passed by any Competent Court by which
he is entitled to the custody of the minor child.

¶11

2In view of the facts of the case, this is not a
fit case where this Court should entertain the
petition under Article 226 of the Constitution of

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2 crwp133

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India seeking a writ of habeas corpus. We
accordingly reject the petition. However, we keep
open all the statutory remedies of the petitioner.

¶14

(R.D.DHANUKA,J.)(A.S.OKA,J.)

Parag Chandrakant Ware v. Rekha Parag Ware and Anr.

Case brief

What is this about?

What did the court decide?

Parag Chandrakant Ware v. Rekha Parag Ware and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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