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Bombay High CourtWP/3159/2023disposed off

Nikita Vishwajeet Jadhav @ Nikita Vishwajeet Jadhav v. The State Of Maharashtra

2023-11-28Hon'Ble Justice Revati Mohite Dere,Hon'Ble Ms. Justice Gauri Godse3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

rrpillai CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3159 OF 2023 Nikita Vishwajeet Jadhav @ ... Petitioner Nikita Vishwajeet Jadhav Vs.

The State of Maharashtra ... Respondent WITH INTERIM APPLICATION NO. 4121 OF 2023 Vishwajeet Vinayakrao Jadhav ... Applicant Vs.

Nikita Vishwajeet Jadhav @ ... Respondent Nikita Vishwajeet Jadhav Mr. A. Khandeparkar, Senior Advocate a/w. Mr. Ayush Sharma, Mr. Kabir Jhamb, Mr. Niranjan Mundargi, Mr. Omneel Jadhav and Ms. Apporva Khandeparkar for the Petitioner.

Ms. P. P. Shinde, APP for the State.

Mr. Sangramsinh Bhonsle i/b. Mr. Siddharth Mehta for Respondent No. 2.

CORAM : REVATI MOHITE DERE & GAURI GODSE, JJ.

DATE : 28th NOVEMBER 2023 by RAJESHWARI RAMESH PILLAI Date:

2023.11.29 17:43:24 +0530 1/3 RAJESHWARI RAMESH PILLAI

P . C. :

1.

Learned counsel for the petitioner has placed on record the order passed by the Apex Court dated 10th November 2023. Learned counsel for the petitioner states that in view of the statement made by the counsel appearing for the petitioner in the SLP filed by the respondent- Vishwajeet Vinayakrao Jadhav, the petitioner did not insist for overnight stay.

2.

Learned counsel for the petitioner submits that the interim orders dated 21st September 2023 and 6th October 2023 be continued for a period of three weeks, so as to enable the petitioner to take appropriate steps for custody of the child before the appropriate forum.

3.

Learned counsel for the respondent states that they have no objection if the interim orders dated 21st September 2023 and 6th October 2023 are continued for a period of three weeks. 4.

Without going into the merits of the petition and without 2/3

prejudice to the rights and contentions of either of the parties, the interim arrangement made vide orders dated 21st September 2023 and 6th October 2023, to continue for a period of four weeks so as to enable the parties to approach the appropriate forum for seeking appropriate relief.

5.

We make it clear that we have not gone into the merits of the case, and as such keep all contentions on merits of all parties open. 6.

In view of above, nothing survives for further consideration in the Petition and as such the Writ Petition stands disposed. GAURI GODSE, J.

REVATI MOHITE DERE, J.

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