Petitioner sought habeas corpus to produce minor daughter with him. Bench held child is wife's custody; appropriate remedy is custody application before court; writ not maintainable; petition dismissed.
The petition seeking habeas corpus was dismissed. Petitioner directed to seek custody before appropriate court.
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1 23wp2531-15
sas
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.2531 OF 2015
Vinod Babu Gohil V/s. The State of Maharashtra and Anr.
..Petitioner.
..Respondents.
Mr.K.M.Mhatre for the petitioner. Mr.K.V.Saste, APP for respondent-State. Mr.A.M.Joshi for respondent Nos.4 and 5.
CORAM : RANJIT MORE AND V.L.ACHLIYA, JJ.
DATED : 17TH NOVEMBER, 2015
P.C. :-
The petition is filed seeking a writ of Habeaus Corpus directing respondent No.1 to produce the petitioner's daughter Ms.Dakshita before this Court. Petitioner and respondent No.4 are husband and wife. It is the specific case of the petitioner that his minor daughter Ms.Dakshita is in the custody of respondent No.4wife. It appears that the parties are not residing together due to marital disputes. Learned counsel for respondent No.4 admits that Ms.Dakshita is in custody of respondent No.4. In the circumstances, we find that the petitioner has to apply for the custody of the daughter before an appropriate Court. A writ petition seeking a writ of Habeaus Corpus will not be maintainable. Hence the petition is dismissed.
1 issue framed by the court
Whether a writ petition under Article 226 of the Constitution is maintainable to direct respondent No. 1 to produce the petitioner's minor daughter before this Court when the daughter is in her mother
Vinod Babu Gohil
The State of Maharashtra
Unnamed Respondent No. 4
Unnamed Respondent No. 5
Ranjit More
V.L.Achliya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
