Shakib Mustafa Palte vs State of Maharashtra… — Child Custody and Guardianship | Bombay HC (2025)

Shakib Mustafa Palte vs State of Maharashtra… — Child Custody and Guardianship | Bombay HC (2025)

What the court decided

AI extract

Outcome

No substantive relief; the Petition was disposed of, with all contentions and rights of the parties kept open as CMA No. 131/2024 remains pending before the Competent Court at Panvel.

Issue for consideration

Whether the Writ of Habeas Corpus should issue at the instance of the father for custody of the minor child Mohammed Azlan Shakib Palte, who is with his mother (Respondent No.2). +1 more

Court's answer

The Court found the habeas corpus petition to be an abuse of the Writ of Habeas Corpus, given the peculiar facts (repeated marriages/divorces and the pending custody application before the Panvel court).

Ratio / Principle

The Petitioner's contention that Respondent No.2 is not taking good care of the child is prima facie falsified by the documents (3 pages, medical reports) placed on record by the learned Advocate for Respondent No.2 and marked 'X' for identification.

Key takeaways

On clinical examination by the Institute of Psychological Health, Thane: the delivery of the child was healthy; the child shows average intellectual functioning and difficulty in adoptive functioning; there are no symptoms of autism spectrum disorder.ratio¶5
All contentions and rights of the parties were kept open, in view of the pending CMA No. 131/2024 before the Competent Court at Panvel.obiter¶7

Detailed headnote1 paragraphs

Habeas corpus - custody of minor child - abuse of writ - father (Shakib Mustafa Palte) sought custody of his minor son (born 08.09.2019) living with the mother (Respondent No.2), against the backdrop of three marriages and divorces between the parents and a pending CMA No. 131/2024 under Section 25, Guardians and Wards Act, 1890 before the Competent Court at Panvel - Court held the petition to be an abuse of the Writ of Habeas Corpus - medical reports (3 pages, marked 'X') of the Institute of Psychological Health, Thane showed the child's delivery was healthy, the child has average intellectual functioning with difficulty in adoptive functioning, and there are no symptoms of autism spectrum disorder, prima facie falsifying the father's contention that the mother was not taking good care of the child - Petition disposed of; all contentions and rights of the parties kept open pending the Panvel custody proceedings (Ghuge & Ankhad, JJ.).

915 wp 1599-25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

WRIT PETITION NO. 1599 OF 2025

LAXMI SUBHASH SONTAKKE

Digitally signed by LAXMI SUBHASH SONTAKKE Date: 2025.07.30 11:12:26 +0530

Shakib Mustafa Palte .. Petitioner

Versus

The State of Maharashtra & Anr. .. Respondents

Mr. Kamran S. Shaikh a/w Heena Shaikh for the Petitioner.

Mr. Nachiket Kulkarni i/b. Sushma Mishra for Respondent No.2.

Mrs. Rutuja Ambekar, APP for the State.

CORAM: RAVINDRA V. GHUGE &

GAUTAM A. ANKHAD, JJ.

DATE: JULY 25, 2025

P. C.

This Petition seeking issuance of the Writ of Habeas Corpus, is based on peculiar facts.

After the Petitioner and Respondent No.2 were married on 19^th

April, 2018, they divorced within six months vide Deed of Divorce dated 20^th

December, 2018. Thereafter, the wife informed the Petitioner-husband that she Laxmi

1/3

915 wp 1599-25.odt

has conceived and the divorced document executed before the Kazi, became null and void. Both of them came together. On 8^th September, 2019, a male child was born, who was named as Mohammed Azlan Shakib Palte.

The child was purportedly diagnosed with autism and a doctor suggested therapy for a child. Thereafter life between the Petitioner and Respondent No.2 became sour and they agreed for a divorce on 6^th October, 2021 (Khula). After this divorce (second divorce), again both of them got married for the third time, on 21^st January, 2022. Since the wife did not sign the Nikah Nama, they again separated for the third time.

The husband has approached the Competent Court at Panvel by moving Civil Miscellaneous Application No. 131 of 2024 under Section 25 of the Guardians and Wards Act, 1890 for seeking custody of the child, who is all along with mother. The Petitioner husband claims that the mother of the child has now remarried. Petitioner-husband was already married and Respondent No.2 was his second wife. From the first marriage, the Petitioner has two children.

Laxmi

2/3

915 wp 1599-25.odt

In the peculiar facts and circumstances as above, we find that this case can be termed as an abuse of the Writ of Habeas Corpus. The contention of the Petitioner that Respondent No.2 (mother of the child) is not taking good care of the child, is prima facie falsified by the documents placed on record by the learned Advocate for Respondent No.2 (3 pages) which is marked as ‘ X ’ for identification. These documents pertain to the medical reports and after clinical examination by the Institute of Psychological Health at Thane, it is advised that the parents would require psycho education to help them to understand the child’s concerns in a better way. The child needs speech therapy and social skills training to initiate interactions. The delivery of the child was healthy. The child shows average intellectual functioning and difficulty in adoptive functioning. There are no symptoms of autism spectrum disorder.

In view of the above, this Petition is disposed off .

Needless to state that all contentions and rights of the parties are

kept open keeping in view that CMA No. 131/2024 is pending before the Competent Court at Panvel.

[ GAUTAM A. ANKHAD, J.]

[RAVINDRA V. GHUGE, J.]

Laxmi

3/3