Writ petition for custody of a minor daughter and return of stridhan dismissed. The court held such civil disputes are to be decided under existing special laws via appropriate remedies.
Liberty granted to the petitioner to adopt appropriate remedies in accordance with law.
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wp7023.13
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7023 OF 2013
Mrs Janki Anand Thakker … .. Petitioner
vs
Mr.Anand Madhusudan Thakker & ors
.. Respondents
Mrs.Janki A.Thakker Petitioner appearing-in-person Mrs.M.P.Thakur AGP for Respondent No.5
CORAM: A.S.OKA & G.S.KULKARNI,JJ DATE: 11th September, 2014
P.C.
1. We have heard the Petitioner appearing-in-person. The substantive
prayers made are prayer clauses (a) and (b) which read thus:
A) This Hon'ble Court be pleased to grant the permanent custody of the female child named Arya Anand Thakker to the Petitioner against the Respondents including the Respondent no.1; or in the alternative, till the (daughter) female child named Arya Anand Thakker of the Petitioner reaches and completes the age of 5 years as per the Hindu law;
B) That the Respondents be directed to return all the stridhan including the gold and diamond (ancestral jewelleries) to the Petitioner as it exclusively belongs to the Petitioner who is entitled for the said stridhan.
On a plain reading of the said prayers, considering the fact that the
relief is essentially sought against the 1st Respondent in a Petition under
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Article 226 of the Constitution of India, such prayers cannot be granted. The Petitioner has remedies under the law. The Petitioner will have to adopt such remedies.
We, accordingly, dispose of the Petition by granting liberty to the
Petitioner to adopt appropriate remedies in accordance with law.
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1 issue framed by the court
Whether the High Court can grant custody and return of stridhan under Article 226.
Mrs. Janki Anand Thakker
Mr. Anand Madhusudan Thakker
A.S. OKA
G.S. KULKARNI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
