Siddharth Subramaniam v. State Of Maharashtra And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1263 OF 2024 Siddharth Subramaniam .... Petitioner

Versus

The State of Maharashtra and Anr.

.... Respondents .....

Ms.Krupali H. Rajani, Advocate for the Petitioner. Mr.D.J. Haldankar, APP for Respondent No.1-State. .....

CORAM : BHARATI DANGARE & MANJUSHA DESHPANDE, JJ.

DATED : 14th JUNE 2024.

P.C. :

The learned APP appearing for respondent no.1 seeks some time to obtain necessary instructions. The petitioner is the father of a child aged 7 years who would refer to the decree dated 30th March 2023, passed by the State of New York Court thereby dissolving the marriage, and refecting the arrangement that has been worked out between the parties including the custody and access to the child.

It is the grievance of the petitioner that he came to Digitally signed by RAJESHRI PRAKASH AHER Date:

2024.06.19 10:37:15 +0530 RAJESHRI PRAKASH AHER India and directing an E-mail to respondent no.2 to comply with Rajeshri Aher

2/2 7 wp 1263 of 2024.doc the understanding recorded. However, he was refused the access to the child and this has constrained into approach this Court seeking a writ in the nature of habeas corpus for production of the child, who is now aged 7 years. Though attempts were made to serve respondent no.2 on her last known address indicated in the title clause, there is no appearance, and in this circumstances, we deem it appropriate that respondent no.2 shall be intimated about the next date of hearing of the writ petition being slated on 24th June 2024, and this intimation shall be served through Email and an affdavit to that effect shall be fled, which shall be accepted on record for depicting the service in terms of Bombay High Court service of Processes by Electronic Mail Services (Civil Proceedings) Rules, 2017 E-fling Rules for the High Court of Bombay 2022.

Re-notify to 24th June, 2024.

(MANJUSHA DESHPANDE, J.) (BHARATI DANGARE, J.) Rajeshri Aher