Bombay High CourtWP/5073/2025disposed off

Preetha Chakraborty v. State Of Maharashtra And ORS

2025-12-16Hon'Ble Smt. Justice Bharati Dangre , Hon'Ble Shri Justice Shyam C. Chandak2 pages

904-WP-5073-2025.odt rajshree

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.5073 OF 2025 Preetha Chakraborty ..

Petitioner vs.

State of Maharashtra & Ors.

Respondents Ms.Kalpana Trivedi a/w Kushal Hamesha and Yashika Jain for the Petitioner.

Ms.Supriya Kak, APP for the State.

Ms.Paramita Mukhopadhyay for Respondent Nos.4 to 8. PSI Bajrang Desai, Samta Nagar Police Station, present. CORAM :

BHARATI DANGRE & SHYAM C. CHANDAK, JJ.

DATE :

16th DECEMBER, 2025.

P.C.

The Petitioner-mother has already moved the proceedings before the Family Court, Bandra for custody of the child. By order dated 07/10/2025 access was granted to her and the father was directed to bring the child to Family Court, Bandra between 3.00 to 5.00 p.m.

We are informed that the said access was availed. We repeatedly asked the learned counsel for the Petitioner, whether the Petitioner-Mother is ready to visit Mumbai and avail the access in similar fashion for 3 days, her insistence is that it is the father, who must travel with the child to Calcutta. 1/2

904-WP-5073-2025.odt We do not subscribe to the said proposal.

However, since the Petitioner is desirous of meeting the child and the learned counsel for the Petitioner make a statement that the Petitioner shall be granted access on three days on similar terms as contained in the order dated 07/10/2025, we permit the Petitioner to come down to Mumbai and meet the child on 29/12/2025, 30/12/2025 and 31/12/2025 between 11.00 a.m. to 2.00 p.m. in the Family Court premises at Bandra. The Principal Judge, Family Court, Bandra, shall appoint a councilor to supervise the meeting between the Petitioner and the minor daughter, without interfering in the interaction. The Respondent-Father shall ensure that the child is left with the mother, so that they can enjoy the solitude without any interference.

Upon the said direction being issued, we dispose of the Petition as we have recorded that the Petitioner has filed custody proceedings before the Family Court, Bandra where appropriate application can be filed for availing interim custody/access of the child.

[SHYAM C. CHANDAK, J] [BHARATI DANGRE, J] 2/2