Saurabh Jaigovind Pandey v. State Of Maharashtra And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

MANDIRA MILIND SALGAONKAR MILIND SALGAONKAR Date: 2024.08.30 00:43:28 +0530 CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2488 OF 2024 Saurabh Jaigovind Pandey ..

Petitioner

Versus

State of Maharashtra & Ors.

..

Respondents ...

Mr.S.K.Dutta for the Petitioner.

Dr.Ashvini A. Takalkar, A.P.P. for the State/Respondent. Mr.Kuldeep U. Nikam for the Respondent No.2.

...

CORAM: BHARATI DANGRE & MANJUSHA DESHPANDE, JJ.

DATED : 28th AUGUST, 2024 P.C:- 1.

The present Petition is filed by the Petitioner, alleging that his daughter, aged 7, has been removed from his custody by Respondent No.2-his wife, with whom he had solemnized the marriage in the year 2016.

In the wake of certain differences between the couple, Respondent No.2, on 09/04/2024, is alleged to have left the house and refused to divulge the details of his daughter. 2.

Respondent No.2 has filed an affidavit, specifically asserting that a domestic dispute exists between the parties, but a statement is made that Ananya is residing with her and M.M.Salgaonkar

2/2 27 wp-2488-24.odt both of them are residing with her parents at Sangli. It is also stated that the daughter in admitted in Santhome School, Sangli.

3.

Since we have noted that the minor daughter of the Petitioner is with her mother, we deem it appropriate to permit the Petitioner to visit Sangli and avail access to the child on every Saturday and Sunday and it is expected that by communicating with Respondent No.2 about his visit. Respondent No.2 shall permit the daughter to be in the company of the father, initially at her residence. This arrangement shall continue till the Petitioner files appropriate proceedings, seeking custody of the daughter before the competent court.

With this direction, the Writ Petition is disposed of. (MANJUSHA DESHPANDE,J.) (BHARATI DANGRE, J.) M.M.Salgaonkar