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Bombay High CourtWP/2739/2021allowed to be withdrawn

Bharat Nanubhai Shiroya v. Pinal Bhavan Judal And ANR.

2023-04-27Hon'Ble Justice Revati Mohite Dere,Hon'Ble Justice Sharmila U. Deshmukh3 pages

by RUPALI RAJESH WAKODIKAR Date:

2023.04.28 15:12:22 +0530 RUPALI RAJESH WAKODIKAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2739 OF 2021 Bharat Nanubhai Shiroya

...Petitioner

Versus

Pinal Bhavan Judal & Anr.

...Respondents

Mr. Melwyn Pereira, for the Petitioner.

Mr. Indraprakash Tripathi a/w Ms. Bhagyashree Gawas i/b Mr. C.K.Tripathi, for the Respondent No.2.

Mr. V.B.Konde Deshmukh, A.P.P for the Respondent-State. CORAM : REVATI MOHITE DERE & SHARMILA U. DESHMUKH, JJ.

DATE : 27 th APRIL, 2023 P.C. :

1.

Learned Counsel appearing for the respondent No.1 raises a preliminary objection. He states that the aforesaid petition filed seeking a Writ of Habeas Corpus is not maintainable inasmuch as, the petitioner has already availed a remedy before the Family Court and has filed a Miscellaneous Application seeking access/custody of the 1/3

child.

2.

The grievance of the petitioner is that despite the application having been filed in the Family Court, the learned Judge, Family Court has not decided the said application till date and hence, the aforesaid petition, seeking writ of Habeas Corpus is filed. 3.

Since we are of the opinion that the Habeas Corpus is not maintainable and since the petitioner has already filed an application before the Family Court and has sought access / custody before the learned Judge, Family Court, we deem it appropriate to direct the learned Judge, Family Court to decide the application as expeditiously as possible and in any event, within four months, from the date of receipt of this order.

4.

In view of the aforesaid, learned Counsel for the petitioner seeks leave to withdraw the petition.

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5.

The application is accordingly disposed of as withdrawn. 6.

We make it clear that we have not heard the petition on merits, and as such, all contentions of all parties are kept open. 7.

All concerned to act on the authenticated copy of this order.

SHARMILA U. DESHMUKH, J.

REVATI MOHITE DERE, J.

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