The Court held that a change in custody arrangement, where the child resides with maternal grandparents after divorce, does not constitute illegal detention justifying a writ of habeas corpus.
Writ Petition disposed of; Petitioner directed to take appropriate proceedings to enforce rights if any.
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.
21-wp-1845-2022.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1845 OF 2022
Ravindra Naval Mahajan … Petitioner
Versus
State of Maharashtra and others … Respondents
Mr. Vijaykumar Garad for the Petitioner. Mr. J.P. Yagnik, APP for the State.
CORAM : NITIN JAMDAR AND N.R. BORKAR, JJ. DATED : 12 JULY 2022
P.C. :-
. This is a Petition filed for habeas corpus in respect of the Petitioner’s son Pruthviraj who is stated to be in illegal custody of Respondent Nos.3 and 4.
Kanchan P Dhuri
1 / 2
21-wp-1845-2022.odt
child is with the maternal grand parents, this custody cannot be treated as illegal detention. This is not the case where the writ of habeas corpus can be issued. The Petitioner is at liberty to take out appropriate proceedings to enforce his rights if any.
( N.R. BORKAR, J. )
( NITIN JAMDAR, J. )
Digitally signed KANCHAN by KANCHAN PRASHANT PRASHANT DHURI DHURI Date: 2022.07.15 14:33:42 +0530
Kanchan P Dhuri
2 / 2
1 issue framed by the court
Whether this Court can issue a writ of habeas corpus in respect of a child kept in the custody of maternal grandparents following divorce.
Ravindra Naval Mahajan
State of Maharashtra
Respondent Nos. 3 and 4
Respondent No. 5
Nitin Jamdar
N.R. Borkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
