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Bombay High CourtWP/1494/2016others disposed off

Joseph Mendonca Through Poa Holder Jacintha Dsouza v. The Senior Inspector Of Police And ORS

2016-04-16Hon'Ble Shri Justice Naresh H. Patil,Hon'Ble Shri Justice A.M. Badar1 pages

spb/ 907wp1494-16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1494 OF 2016 Joseph Mendonca, through Power of Attorney Hospital - Mrs. Jacintha D'Souza.

... Petitioner.

V/s.

The Senior Inspector of Police, Mulund Police Station & Others.

... Respondents.

--- Mr. Ranvir Shekhawat a/w. Mr. Jagdish Choudhary i/by Raj Legal, Advocate for the Petitioner.

Mrs. S. D. Shinde, APP for the State.

--- CORAM : NARESH H. PATIL AND A. M. BADAR, JJ.

DATE : 16th APRIL, 2016.

P.C. :

The Petitioner's grievance is that the order passed by the Family Court No.3, Mumbai, dated 30th March, 2016 could not be implemented as the Respondent No. 4 has avoided to hand over custody of daughter-Elizabeth to the Petitioner. Perused the N.C. report of the police annexed to the petition at Exh. 1, page 52.

At the first instance, the Petitioner may resort to an appropriate alternate remedy as permissible under law by approaching the Family Court. Keeping all issues on merits open, the Petition is disposed of.

(A. M. BADAR, J.) (NARESH H.PATIL,J.) Borey 1/1