Bombay High Court
Aneesha Dutt vs The State Of Maharashtra on 4 January, 2021
Bench: S.S. Shinde, Makarand Subhash Karnik
52. iast 8357.20.doc
Urmila Ingale
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION ST. NO. 8357 OF 2020
(E FILING NO. 3741 OF 2020)
IN
CRIMINAL WRIT PETITION NO. 2330 OF 2012
Aneesha Dutt .... Applicant
Vs.
Union of India and ors. ..... Respondents
Mr.Santosh Paul - Senior Advocate a/w Ms.Deepa Chavan,
Mr.Manan Sanghai, Mr.Advait Shukla, for the Applicant/Petitioner.
Ms.P.H. Kantharia a/w Mr.D.P. Singh, for Respondent No.1 - Union
of India.
Mr.J.P. Yagnik, APP for the State.
CORAM : S. S. SHINDE &
M. S. KARNIK, JJ
DATE : 04th JANUARY, 2021
P.C. :
. Leave to amend. Amendment to be carried out forthwith.
2. This is an application by the mother - Aneesha Dutt of the
minor child - Master Ahren Dutt praying for the following reliefs.
"A) Direct the Registry to release Thai Passport bearing No. AA5217427
(including old Thai Passport bearing No. M785795), US Passport No.
487246617 and OCI Card bearing No. A312464 belonging to Master
Ahren Dutt and the same be handed over to the Petitioner mother
Aneesha Dutt and the same be handed over to the Petitioner mother
52. iast 8357.20.doc
Aneesha Dutt; and /or
B) Direct the Respondent No.6 to co-operate with Petitioner/Applicant
mother in completing all necessary passport renewal related procedural
formalities; and/or
C) Authorise the Petitioner/Applicant mother Ms.Aneesha Dutt to permit
the mother to represent Petitioner/Applicant child for all purposes, in
respect of updation/renewal of Thai passport and OCI Card of Master
Ahren Dutt; and /or...."
3. Briefly stated, the applicant had filed Criminal Writ Petition
No. 2330 of 2012 for Habeas Corpus which came to be disposed of by this
Court on 22/08/2012. It would be material to refer to the paragraphs 5 &
6 of the order dated 22/08/2012 passed by this Court which reads thus :
"5. We once again make it clear that the arrangement worked out
between the parties during the pendency of the habeas corpus is without
prejudice to their rights and contentions and is not an arrangement
agreed upon to be continued during the pendency of proceedings before
the Family Court, but only till the Family Court decides the issue with
regard to custody and access one way or the other or modifies the
present arrangement till such decision is taken after hearing the parties
on all aspects of the matter.
6. The passports (US Passport, Thai Passport and Overseas Citizen of
India Card) of all the three children is presently deposited with Mr.Satish
Maneshinde, Advocate as good gesture, which shall now be deposited in
the Registry of this Court by tomorrow to ensure that the children are not
taken away out of Country by any party without notice and/or permission
of the other party. The same will remain in the custody of Registrar
52. iast 8357.20.doc
(Judicial) until further orders of this Court or order to be passed by the
Family Court, if and when occasion arises."
4. Thereafter the Family Court heard the Petition relating to the
dispute pending between the petitioner and respondent - husband. The
Petition before the Family Court came to be disposed of on 30/09/2020
when the following order came to be passed.
" ORDER
1. Petition No. D-87/2012 is partly allowed as under :
2. Petitioner and respondent shall have the joint custody of minor
children 'Master Ahren and Arshiya.'
3. Petitioner is entitled to retain physical custody of daughter 'Arshiya'.
4. Respondent is entitled to retain physical custody of 'Ahren'.
5. Respondent shall provide free access of 'Master Ahren' to father,
grandparents and to siblings.
6. Petitioner shall provide free access of 'Arshiya' to mother i.e.
respondent.
7. Petition No. D-90/2012 is hereby rejected.
8. Petition No. C-73/2013 is hereby rejected.
9. Petition No. A-420/2016 is hereby dismissed.
10. Parties to bear their own costs.
11. Decree be drawn accordingly.
12. Copy of Judgment be kept in Petition No. D-90/2012, Petition No. C-
73/2013 & Petition No. A-420/2016."
5. The present applicant has challenged the order passed by
the Family Court before this Court by way of Family Court Appeal No. 46
52. iast 8357.20.doc
of 2020 and other connected Appeals. The Family Court Appeal came to
be admitted on 27/10/2020.
6. So far as the present application is concerned, learned
Senior Advocate appearing on behalf of the applicant submits that the
passports and OCI Card of Master Ahren Dutt have expired and the
applicant intends to take steps to renew the passports and OCI card. On
the earlier occasion, notice came to be issued to respondent No. 6 -
husband. However, despite service of the notice none appeared on behalf
of the respondent No.6 - husband. We have heard Ms.Purnima
Kantharia for respondent No.1.
7. The request made by learned Senior Advocate for renewal of
passports and updation of photograph on the OCI Card of Master Ahren
Dutt appears to be reasonable. Though respondent No.6 has not chosen
to appear despite service of notice, with a view to give one opportunity to
the respondent No.6 in the interest of justice, instead of disposing of the
application today itself, we intend to keep the present application pending
by granting interim relief to the applicant. We would consider the prayer
made by the applicant for handing over the passports to the applicant -
mother on the next date after appropriate orders are passed on the
application for renewal of the passports and updation of OCI Card.
52. iast 8357.20.doc
8. By way of an interim measure, the Registry is directed to
release Thai Passport bearing No. AA5217427 (including old Thai
Passport bearing No. M785795), US Passport No. 487246617 and OCI
Card bearing No. A312464 belonging to Master Ahren Dutt which is in
custody of the Registry of this Court and the same to be handed over to
the petitioner mother - Aneesha expeditiously.
9. Learned Senior Advocate on instructions states that upon
appropriate orders being passed on the application for renewal of the Thai
passport and US passport and OCI Card, the same will be produced
before this Court so as to enable this Court to pass further orders on the
application. We make it clear that the petitioner / applicant mother
Aneesha is permitted to represent Master Ahren Dutt for all purposes in
respect of renewal of Thai passport, US passport and updation of OCI
Card of Master Ahren Dutt. It is further made clear that this order will
have no bearing on the pending proceedings in the F.C.A & other
connected Appeals.
10. Parties to act upon authenticated copy of this order.
11. Stand over to 10/02/2021.
(M.S.KARNIK, J. ) (S.S.SHINDE, J.)
Digitally
Urmila signed by
Urmila P. Ingle
P. Date:
2021.01.04
Ingle 19:52:25
+0530
