The High Court dismissed a writ petition for habeas corpus. The Court held that the child's custody with the mother was not illegal and directed the petitioner to seek custody and visitation rights in Family Court proceedings.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
SMITA Digitally signed by SMITA JOHNSON JOHNSON GONSALVESDate: 2021.10.05 GONSALVES 17:46:17 +0530
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.3329 OF 2021
Sandesh Madhukar Bhogle .. Petitioner v/s.
The State of Maharashtra & Anr. .. Respondents
Ms. Pramila Salvi, for the Petitioner.
Ms. M.H. Mhatre, APP, for Respondent No.1.
Mr. Suraj Ghagare, i/b. Suchita Bhogle, for Respondent No.2.
CORAM: NITIN JAMDAR & SARANG V. KOTWAL JJ.
DATE : 4 OCTOBER 2021.
P.C:-
By this petition, the Petitioner, father of the girl, who is 8 years old, is seeking a writ of Habeas Corpus to produce the child in this Court and handover the custody of the child to the Petitioner.
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sg 2/2 26. wp3329-21.doc
perused the record, we do not find that the custody of the child with Respondent No.2 can be considered as an illegal custody. The Petitioner has already moved the Family Court for seeking visitation rights and custody of the child. Since in those proceedings, the Petitioner can seek all the reliefs this Petitioner can seek by way of this writ petition, we do not intend to exercise the writ jurisdiction by issuing Habeas Corpus.
(SARANG V. KOTWAL, J.)
(NITIN JAMDAR, J.)
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2 issues framed by the court
Whether to exercise writ jurisdiction to secure child from illegal custody by the mother.
Whether the High Court should grant custody or visitation rights via a writ petition instead of Family Court.
1 provisions across 1 enactments
Sandesh Madhukar Bhogle
The State of Maharashtra
Respondent No.2
Nitin Jamdar
Sarang V. Kotwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
