MANIL SHETTY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This petition is filed seeking a writ of Habeas Corpus directing the respondents to produce the petitioner's two minor children before this Court. Petitioner is the father of two minor children - daughter/Mahika, aged 14 years and son/Mowan aged 12 years. Respondent no. 4 is the ex-wife of the petitioner and the mother of two minor children.

(2.) It is the case of the petitioner that till 4 th April 2023, both minor children were in the custody of the petitioner pursuant to the consent decree passed by the Family Court, Mumbai, in divorce proceedings between the parties. It is further the case of the petitioner that on 3 rd April 2023, on the occasion of the birthday of Mowan, respondent no. 4, by taking undue advantage of the situation, took access of the minor children to celebrate the birthday of Mowan. It is contended by the petitioner that on 4/4/2023, the petitioner tried to contact respondent no. 4 to take Mowan and Mahika to his home to celebrate Mowan's birthday; however, respondent no. 4 did not respond. Thereafter, on the pretext of Mowan being unwell, he was not sent to school on 5/4/2023. The petitioner contended that respondent no. 4 filed a false complaint against the petitioner for which the petitioner was called for investigation from time to time. Since respondent no. 4 refused to hand over custody of the children to the petitioner, he approached the police station on 6 th April 2023; however, he was shocked to know that respondent no. 4 had filed a false complaint against the petitioner. Hence, on 4 th May 2023, the petitioner filed the present petition, seeking a writ of habeas corpus to produce Mahika and Mowan before this Court.

(3.) By an order dtd. 5/6/2023, we had issued notice to the respondents, pursuant to which respondent no. 4 appeared before this Court on 17/7/2023 through an advocate. On 17 th July 2023, we heard the counsels for the parties and directed respondent no. 4 to produce Mahika and Mowan before us on 20 th July 2023 in the chamber. Accordingly, on 20/7/2023, Mahika and Mowan were present before us. We heard the parties in the Chambers. We interacted with the respective parties, as well as Mahika and Mowan. However, considering the prayer in the present petition we refrained from recording our observations with respect to the conduct of the parties as well as what was disclosed to us by Mahika and Mowan. We adjourned the matter to 27/7/2023.