Vaishnavi Caim Sambuddha v. Alok Nath Sambuddha
919 wp 6252 of 2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6252 OF 2025 Vaishnavi Caim Sambuddha ...
Petitioner versus Alok Nath Sambuddha ...
Respondent WITH WRIT PETITION NO.6253 OF 2025 WITH INTERIM APPLICATION (ST) NO.17319 OF 2025 WITH INTERIM APPLICATION NO.7716 OF 2025 Mr. Nitesh Acharya with Ms. Supriya Ghadge, for Petitioner. Mr. Naveen Sharma, for Respondent.
CORAM: N.J.JAMADAR, J.
DATE :
8 MAY 2025 P.C.
1.
Heard the learned Counsel for the parties.
2.
In these Petitions, on 2 May 2025, orders were passed by this Court permitting the Petitioner-Appellant to convert the Appeals from Order into Writ Petition. In AO No.258 of 2025, the Court had continued the order dated 25 April 2025, for a period of one week to facilitate the Petitioner to obtain orders in the Writ Petition. In AO No.850 of 2024, it was clarified that since the Apex Court has already issued directions on 16 December 2024, no further directions were necessary in the said appeals. 3.
Learned Counsel for the Petitioner submitted that in breach of the order passed by this Court, Respondent-father has forcibly taken custody of the SSP 1/2
919 wp 6252 of 2025.doc child with the assistance of the police.
4.
Learned Counsel for the Respondent father disputes the position. 5.
Submissions were sought to be canvassed with regard to the interpretation of the orders passed by this Court as well as the Supreme Court.
6.
In these circumstances, let the parties file affidavits clarifying their position, especially the Respondent shall clarify as to how the action of the removal of the child from the custody of the Petitioner is not in breach of the orders passed by this Court.
7.
Such an affidavit be filed on or before 12 May 2025. 8.
The Petitions be listed before the vacation Court on the succeeding vacation Court sitting day.
( N.J.JAMADAR, J. ) SSP 2/2 Signed by: S.S.Phadke Designation: PS To Honourable Judge Date: 09/05/2025 21:05:04