Shamik Haresh Hirani v. State Of Maharashtra And ORS.

12-WP.371.2026.doc JVS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 371 OF 2026 JAYANT VISHWANATH SALUNKE Shamik Haresh Hirani } Petitioner

Versus

State of Maharashtra & Ors.

} Respondents JAYANT VISHWANATH SALUNKE Date: 2026.02.02 11:18:41 +0530 Ms. Firoza Daruwala with Ms. Maanvee Choraria i/b. Ms. Prabha Badadare, Advocates for the Petitioner.

Mr. K. V. Saste, APP for Respondent No. 1.

Ms. Firdaus Moosa i/b. Ms. Memali Mehta, Advocates for Respondent No. 2.

CORAM:

SHREE CHANDRASHEKHAR, CJ. & GAUTAM A. ANKHAD, J.

DATE:

30th JANUARY 2026 P.C.:

This writ petition has been filed seeking a direction for production of the minor child, namely, Hridaan Shamik Hirani who, according to the petitioner, has been taken away by his wife on 2nd May 2025.

2.

This statement made on behalf of the petitioner has been disputed by the learned counsel appearing for the respondent no. 2. 3.

Whether this writ petition is maintainable in view of the suit filed by the petitioner seeking custody of the minor child is an issue that shall be decided after, in our opinion, the parties endeavour to resolve their dispute through mediation.

4.

In that view of the matter, the petitioner and the respondent no. 2 are directed to appear before a Mediator to be appointed by the Member Secretary, Maharashtra State Legal Services Authority

12-WP.371.2026.doc at Mediation Centre, 3rd Floor, MTNL Fountain Telecom Building No.1, Mumbai - 400 001 on 3rd February 2026 at 11:00 a.m. 5.

On that day, the petitioner and the respondent no. 2 shall sit separately with the Mediator and if necessary, discuss their dispute together with the Mediator.

6.

Post the matter on 16th February 2026.

[GAUTAM A. ANKHAD, J.] [CHIEF JUSTICE]