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Bombay High CourtWP/454/2017others disposed off

Kursingal Johnson S/O. George And Another v. Kursingal Wilson George And Others

2017-09-29Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice Murlidhar Ganpatrao Giratkar2 pages

1 WP454.2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Writ Petition No. 454/2017 Kursingal Johnson S/o George & anr.

-vsKursingal Wilso George & ors.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Y.V. P. Nayyar, Adv. for the petitioner Shri J.D.Bastian, Adv. for the respondent nos. 1 and 2 CORAM : Smt. Vasanti A. Naik & M.G. Giratkar, JJ.

DATE : 29/09/201 Heard.

By this writ petition, the petitioner has sought the writ of Habeas Corpus for producing the minor child and granting the custody of the same to the petitioners. The petitioner nos. 1 and 2, on one hand and the respondent nos. 1 and 2 on the other, are making rival claims that they are the parents of the minor child. The petitioners have claimed that they are the biological parents of the minor child whereas a similar claim is made by the respondent nos. 1 and 2 also. Both the parties have produced some documents in support of their case/claim. It would not be proper,in exercise of writ jurisdiction, to decide the issue involved in this writ petition. It would not be possible for this Court to declare

2 WP454.2017 as to who are the biological parents of the minor child. The petitioners are free to avail the appropriate remedy, if so advised.

The writ petition is disposed of accordingly. JUDGE JUDGE Ansari