Shamik Haresh Hirani v. State Of Maharashtra And ORS.

7-wp-371-26 Gokhale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 371 OF 2026 Shamik Haresh Hirani ..Petitioner

Versus

The State of Maharashtra & Ors.

..Respondents WITH INTERIM APPLICATION (ST) NO. 3625 OF 2026 IN WRIT PETITION NO. 371 OF 2026 __________ Advocate Firoza Daruwala a/w. Nerissa Almeida i/b. Prabha Badadare for Petitioner.

Ms. Supriya Kak, APP for State/Respondent.

Adv. Firdaus Moosa i/b. Hemali Mehta for Respondent No.2. __________ CORAM : SARANG V. KOTWAL & SANDESH D. PATIL, JJ.

DATE : 25 MARCH 2026 PC :

1.

Learned counsel for the Respondent No.2-wife seeks time to file Affidavit in reply.

2.

Permission is granted. It shall be filed in the Registry. A copy of the Affidavit in reply is already served on the learned counsel for the Petitioner.

Digitally signed by VINOD BHASKAR GOKHALE Date:

2026.03.27 11:11:37 +0530 VINOD BHASKAR GOKHALE

7-wp-371-26 3.

We are informed by both the learned counsel that the Petitioner has already approached the Family Court at Bandra for custody of the child, and the said matter is kept on Friday. 4.

In this situation, today we are adjourning the matter. It is clarified that the Family Court shall expeditiously take up the application for custody and, if necessary, the application for interim custody and/or interim access, on urgent basis. The pendency of this petition shall not come in the way of the Family Court to decide that issue.

5.

This matter be placed on 16.04.2026. The question of maintainability can be decided on that date.

(SANDESH D. PATIL, J.) (SARANG V. KOTWAL, J.)