Pooja Abhijit Dhanashetty @ Pooja Suresh Shinde v. State Of Maharashtra And ORS

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10-WP-634-25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.634 OF 2025 Pooja Abhijit Dhanashetty @ Pooja Suresh Shinde .....Petitioner

Versus

The State of Maharashtra and others .....Respondents ----- Mr. Prashant Pandey, Advocate a/w. Dinesh Jadhav, Ridhima, Pramod Sharma i/b. W3LEGAL LLP for the Petitioner. Smt. M.M. Deshmukh, APP for the Respondent Nos.1 to 3State. Mr. Vikas Shivarkar, Advocate for the Respondent Nos.4 to 6. ----- CORAM : SARANG V. KOTWAL & S.M. MODAK, JJ.

DATE : 2nd APRIL, 2025 P.C. :

1.

This is a habeas corpus Petition. The fight is between husband and wife for custody of the children. We are informed that the wife had already approached the Family Court for custody of their children. The Family Court is seized of the matter. Therefore, we request the learned Judge incharge of that particular application to decide the issue of custody at the earliest. It shall be decided independent of the Deshmane(PS)

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10-WP-634-25.odt fact that the present Petition for habeas corpus is pending before this Court.

2.

Shri Pandey wants to argue on certain legal aspect about maintainability of the habeas corpus Petition in such situation and also to raise other issues. We have kept a group of matters on 15.4.2025 where similar issues are raised. Therefore, the office is directed to list this matter on admission board on 15.4.2025 at 10.30 a.m..

3.

In the meantime, the Family Court shall proceed to decide the custody application preferred by the Petitioner herein as early as possible. It shall be decided in accordance with law and on the merits of the matter.

4.

Stand over to 15.4.2025.

( S.M. MODAK, J.) (SARANG V. KOTWAL, J.) Deshmane (PS) by PRADIPKUMAR PRAKASHRAO DESHMANE Date:

2025.04.05 10:42:45 +0530 PRADIPKUMAR PRAKASHRAO DESHMANE