Suresh Prabhakar Gaikwad v. the State of Maharashtra and Others
Case brief
What is this about?
Keywords: habeas corpus; production of person; alleged confinement against wish; stepmother; respondent No.4 cousin brother; mentally weak and blind; sale deed of step-mother's property; mutation entry; Talathi; police inspector application; absence of documentary evidence; writ refused; dismissal. Bench: Smt. Vibha Kankanwadi and Hiten S. Venegavkar, JJ. (Bombay High Court, Aurangabad Bench), 26-09-2025. Relevant to petitions seeking habeas corpus for an elderly relative where the petitioner cannot demonstrate a custodial/care relationship through documents.
What did the court decide?
No document was attached to the petition to show that the step-mother was staying with the petitioner; nor did his applications to the police inspector and the Talathi contain any mention that, since his father's death in 2007, the petitioner had been looking after the step-mother.