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Bombay High CourtWP/1115/2026disposed off

Salman Mushtak Ali Khan v. Hanifa Salman Khan And ANR

2026-04-30Hon'Ble Shri Justice Ashwin D. Bhobe3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by GAYATRI RAJENDRA SHIMPI Date: 2026.05.01 13:25:52 +0530 GAYATRI RAJENDRA SHIMPI CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 1115 OF 2026 Salman Mushtak Ali Khan ... Petitioner V/s.

Hanifa Salman Khan & Anr.

... Respondents --- Mr. Vilas Kolekar i/b Mayuresh Modgi, Advocates for Petitioner. Ms. Sadakhatoon Shaikh (Thr. V.C) a/w Mr. Sarfaraj Shaikh, Advocates for Respondent No. 1.

Mr. Sukanta Karmakar, APP for Respondent - State. --- CORAM : ASHWIN D. BHOBE, J.

DATE : 30th APRIL, 2026 P.C. :

1.

This Petition is circulated pursuant to the praecipe dated 30th April, 2026, the same is taken on record and marked 'X' for identification.

2.

During the course of arguments Mr. Vilas Kolekar, learned Advocate for the Petitioner submits that the dispute is essentially between the father and the mother pertaining to their minor child.

3.

Ms. Sadakhatoon Shaikh, learned Advocate for Respondent No. 1 appearing on V.C. submits that Respondent No. 1 has not met the minor child since the month of July 2025. She states that the Respondent No. 1 has intentions to meet the child. 4.

Mr. Vilas Kolekar, learned Advocate for the Petitioner, on instructions from the Petitioner and without prejudice to any of his rights and contentions in this proceeding and the other proceedings which are pending before the Court at Khamgaon, states that the Petitioner has no objection to the Respondent No. 1 meeting the child in the Court premises and that the Petitioner will bring the child to the Court premises on 4th May, 2026. He however states that the Respondent No.1 should meet the child in the presence of her Advocate and the Advocate of Petitioner. 5.

Ms. Sadakhatoon Shaikh, learned Advocate for Respondent No. 1 on specific instructions from the Respondent No.1 states that the Respondent No. 1 will only meet the child and ensure that the child will not be taken away from the custody of the Petitioner. She states that the Respondent No. 1 will not claim

any rights on on the basis of the arguments made in this order. On basis of assurance / undertaking given by Ms. Sadakhatoon Shaikh on instructions from the Respondent No. 1, the meeting is permitted on Monday in the Court premises in the presence of the Advocate representing the parties.

6.

In view of the above, the search warrant issued pursuant to the order dated 5th February, 2026 passed by the Sessions Court in Criminal Revision Application No. 444 of 2025 is kept in abeyance till the next date (4th May, 2026). 7.

List this matter on 4th May, 2026.

(ASHWIN D. BHOBE, J.)