Rajeshwari Bhanubhai Sharma v. Bhanubhai S Sharma And ANR

SLJ 11-WP-4841-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 4841 OF 2022 Rajeshwari Bhanubhai Sharma

...Petitioner

V/s.

Bhanubhai S Sharma And Anr.

...Respondents

Mr. Shreyas Shrivastava a/w Mr. Yogesh Devnani a/w Mr. Tanmay Bidkar for Petitioner.

Mr. Dinesh Tiwari a/w Mr. Mikhail Dey, Ms. Priyasha Pawar, for Respondent No.1.

Mrs. M.H.Mhatre, A.P.P. for the Respondent-State. CORAM : A. S. GADKARI AND PRAKASH D.NAIK, JJ.

DATE : 12th JANUARY, 2023.

P.C.:- .

By the present Petition, Petitioner is seeking writ of habeas corpus of Ms. Tanishi Sharma i.e. the daughter of Petitioner. 2.

Record clearly indicates that, Petitioner has already filed a case under the provisions of Protection of Women from Domestic Violence Act, 2005 bearing D.V. Case No.49 of 2021 in the Court of Metropolitan Magistrate, 27th Court, Mulund, Mumbai. Learned counsel for Petitioner on instructions submitted that, Petitioner has also filed an application under Section 21 of the said Act seeking interim custody of the said child. 3.

The Hon'ble Supreme Court in the case of Bombay Metropoitan Region Development Authority, Bombay Vs. Gokak Patel Volkart Ltd. and Ors. reported in (1998) 1 SCC 642 held that, once the alternate remedy by SAJAKALI LIYAKAT JAMADAR Date:

2023.01.17 10:04:22 +0530 1/2 SAJAKALI LIYAKAT JAMADAR

SLJ 11-WP-4841-2022.doc available to the Petitioner is already availed, Writ Petition under Article 226 of the Constitution of India should not be entertained. 4.

In view thereof, we find no reason to entertain this Petition and is accordingly dismissed.

(PRAKASH D. NAIK, J.) (A.S. GADKARI, J.) 2/2