A writ petition invoking habeas corpus was filed to trace the whereabouts of the petitioner's minor children and seek custody. The court held that habeas corpus is not the appropriate remedy for custody disputes requiring evidence and assessment, directing the petitioner to seek reliefs in the ordinary course.
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.
36-wp-1729-22.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1729 OF 2022
Sabba Chunawala … Petitioner
Versus
State of Maharashtra and another … Respondents
Mr. Bahraiz Irani alongwith Ms. Afrin Dalal instructed by Irani & Co. for the Petitioner.
Mr. J.P. Yagnik, APP for the State.
CORAM : NITIN JAMDAR AND N.R. BORKAR, JJ. DATED : 11 AUGUST 2022
P.C. :-
By this Petition, the Petitioner has invoked the extra ordinary remedy of writ of habeas corpus.
Kanchan P Dhuri
1 / 2
36-wp-1729-22.odt
honoured by the Respondent No.3 – the ex-husband of the Petitioner.
( N.R. BORKAR, J. ) ( NITIN JAMDAR, J. )
Digitally signed KANCHAN by KANCHAN PRASHANT PRASHANT DHURI DHURI Date: 2022.08.18 17:37:05 +0530
Kanchan P Dhuri
2 / 2
2 issues framed by the court
Whether the remedy of habeas corpus is appropriate for determining custody of minors.
Whether visitation rights and custody can be determined without evidence and interviewing the children.
Sabba Chunawala
State of Maharashtra
Nitin J
N.R. Borkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
