RAJVIR NISHIT DOSHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed by petitioner No.2 - Nishit Prakash Doshi joining Rajvir Nishit Doshi (minor corpus) as petitioner No.1 praying for writ of Habeas Corpus directing respondent Nos.1 and 2, i.e. State of Gujarat and Zarna Nishit Doshi - wife of petitioner No.2 herein, to produce petitioner No.1 - Rajvir (minor corpus) before this Court and set petitioner No.1 at liberty forthwith.

(2.) Mr. Taranjit Singh, learned advocate for Mr. Anand S. Tailor, learned advocate for the petitioners, submitted that he has already invoked the jurisdiction of the competent Family Court at Bandra by filing Petition No.D 151 of 2022 seeking custody of child- petitioner No.1, wherein prayer for an ex-parte order of interim custody by way of interim application, though number is not mentioned, filed before that Court, that too, on 26/11/2022. According to his submission, respondent No.2 - wife was served in the said proceedings in the month of March 2023 and she was supposed to file her reply in the month of May 2023.

(3.) Drawing attention of the Court to order passed by the Supreme Court in Transfer Petition (Civil) No.1244 of 2023 in case of Zarna Nishit Doshi Versus Nishit Prakash Doshi, it is submitted that since further proceedings in Petition No.D 151 of 2022 is stayed, this petition for writ of Habeas Corpus is filed praying to set at liberty the petitioner No.1 forthwith and handover the custody of petitioner No.1 to petitioner No.2. For the purpose of invoking jurisdiction of this Court, he has relied on transcript of video recording and it is submitted that it is in the interest of child, custody is required to be handed over.