Disposed

Sagardevi Salgia and Anr. v. the State of Maharashtra

Bombay HC14 Aug 2014WP/2133/2014

Case brief

AI extract

What is this about?

Two connected writ petitions concerning domestic violence and child custody. The court disposed of the matters after parties amicably resolved the dispute, a pay order was deposited, and custody of the child was handed over to the petitioner husband.

What did the court decide?

Petitions allowed in terms of prayer; custody of child handed to husband; pay order handed to wife; parties to part amically.

Sagardevi Salgia and Anr. Vs the State of… — Child Custody and Guardianship | Bombay HC (2014)

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WP/2133/2014 with WP/2240/2014

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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WRIT PETITION NO. 2133 OF 2014

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Smt. Sagardevi Salgia and Anr. ….. Petitioners.

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V/s

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State of Maharashtra Through the Senior Inspector of Police, MIDC Police Station, Andheri, Mumbai. ….. Respondent

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Mr. U.S. Jain for the Petitioners. Mrs. M.H. Mhatre, APP for the State. Mr. M.G. Shukla for Respondent No.2.

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WITH

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WRIT PETITION NO.2240 OF 2014

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Mr. Tushar Salgia & Ors ….. Petitioner.

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V/s

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State of Maharashtra and Anr. …... Respondents.

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Mr. U.S. Jain for the Petitioner. Mrs. M.H. Mhatre, APP for Respondent No.1/State. Mr. M.G. Shukla for Respondent No.2.

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WP/2133/2014 with WP/2240/2014

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CORAM: V. M. KANADE & P.D. KODE JJ.

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DATE: 14^th August, 2014

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P.C.:-

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Parties have amicably resolved the dispute. Pursuant to the order dated 20/06/2014, a Pay Order of Rs. 35,00,000/which was deposited with the Registrar General has been produced before us in our Chamber today and the same is handed over to Mrs. Swechha Tushar Salgia, who is Respondent No.2 – wife in Criminal Writ Petition No.2240 of 2014. Similarly, the child also is present in our Chamber and upon the Pay Order being handed over to Respondent No.2 – wife, custody of the child has been handed over to Mr. Tushar Salgia who is Petitioner No.1 – Husband in Criminal Writ Petition No.2240 of 2014. Necessary documentation which was done has been exchanged and undertaking is also tendered by the learned Counsel appearing on behalf of the Petitioners that the Pay order which has just now been handed over to Respondent No.2 – wife shall be honoured. The said Pay Order dated 13/06/2014 has been issued by ICICI Bank, Poonam Nagar, Andheri (E), Mumbai and is valid for a period of three months. It is signed by the authorized

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WP/2133/2014 with WP/2240/2014

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signatory of the issuing bank. Since the Petition filed by the wife for domestic violence has already been quashed by consent, appeal filed in the Sessions Court does not survive and is disposed of. Both the parties shall amicably part and the Petitioner/Husband and Respondent/wife shall not harass each other.

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Since now all the formalities have been complied with, both the Petitions are allowed in terms of prayer clause (b). Both the parties undertake to co-operate with each other in respect of medical papers of the child.

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Both these Petitions are accordingly disposed of.

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(P.D. KODE, J. ) (V.M. KANADE, J.)

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BDPPS

Sagardevi Salgia and Anr. v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

Sagardevi Salgia and Anr. v. the State of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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