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Bombay High CourtWP/292/2023disposed off

Rubini Deivamani v. The State Of Maharashtra And ORS

2023-03-08Hon'Ble Shri Justice Sunil B. Shukre,Hon'Ble Shri Justice Abhay S. Waghwase2 pages

67. WP 292-2023.doc Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 292 OF 2023 Mrs. Rubini Deivamani .Petitioner Vs.

The State of Maharashtra & ors.

.Respondents Mr. Jigar Agarwal i/b. Ms Ashma Ashrafi Advocatei for the Petitioner Ms M. H. Mhatrei APPi for the Respondent - State

CORAM

:

SUNIL B. SHUKRE AND ABHAY S. WAGHWASEi JJ.

DATE :

08 MARCH 2023 P. C.

.

Heard learned counsel for the Petitioner and the learned APP for the Respondent - State.

2.

It is not in dispute that a minor girl namely Krishika is in the custody of Respondent No. 2i who is her biological father. If that is soi custody of a minor girl held by her father cannot be found to be illegal so as to enable this Court to issue writ of Habeas Corpus. That aparti there is no order passed by the Civil Court granting custody of the minor girl to the Petitioneri who is her biological mother.

67. WP 292-2023.doc 3.

This Petition isi thereforei not maintainable and it is dismissed as such.

( ABHAY S. WAGHWASEi J.) ( SUNIL B. SHUKREi J. )