Mahendra Ramesh Thanai vs Namita Krishnakumar Singh And Ors
2021 Latest Caselaw 3950 Bom

                                                                   crwp441-21.odt


                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CRIMINAL APPELLATE JURISDICTION
Trusha T.
Mohite
Digitally signed by
Trusha T. Mohite
                                        WRIT PETITION NO.441 OF 2021
Date: 2021.03.06
15:48:49 +0530



                      Mahendra Ramesh Thanai                    .. Petitioner

                      vs.
                      Namita Krishnakumar Singh & Ors.          .. Respondents

                                                       .....


                      Mr.M.V.Shetty for the Petitioner

                      Mr.Brijesh Shukla for the Respondent

                      Mr.M.B.Patil, A.P.P. for the State


                                                       .....

                                                CORAM: K.K.TATED &
                                                        R.I.CHAGLA, JJ.
                                                DATED : MARCH 03, 2021
                                                (in Chamber at 5.00 p.m.)

                      P.C.



                      .        Heard.


                      2.       By this petition, under Article 226 read with Article
                      21 of the Constitution of India, Petitioner is seeking order of
                      Habeas Corpus against the Respondents to produce the child
                      Krishang before this court.


                      3.       The learned Counsel for the Petitioner submits that in


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                                              crwp441-21.odt


the present proceeding, though the Apex Court by order
dated 28.02.2020 in Special Leave to Appeal (Crl.) No.1342
of 2020 directed Respondents to share the custody of the
child, she failed and neglected to do so. Operative part of
said order reads thus:


            (i)     The Petitioner and the frst Respondent
            shall have shared custody of the child;

            (ii)   The child shall reside with the frst
            Respondent between 4 pm on Thursday until 6 pm
            on Sunday.

            (iii)    The child shall be exclusively with the
            Petitioner between 6 pm on Sunday until 4 pm on
            the following Thursday of every week.

            (iv)    The child shall not be removed from the
            custody of the Family Court at Mumbai, without
            the prior permission of the Principal Judge of the
            Family Court;

            (v)    The above arrangement shall continue to
            remain in operation pending the disposal of the
            custody proceedings which are pending before the
            Family Court."



4.       The learned Counsel for the Petitioner further submits
that even the Family Court at Bandra by its judgment and
decree dated 25.11.2020 in Petition No.A-2279 of 2019
granted decree of divorce and also passed order to share
the custody of the child between Petitioner and Respondent.
Operative part of the order reads thus:


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                               :ORDER:

1. The petition is allowed.

2. The counter claim is dismissed.

3. The marriage between Mahendra (petitioner-husband) and Namita (respondent- wife) which was held on 18.04.2008 is hereby dissolved by decree of divorce with effect from the date of decree.

4. The petitioner and respondent shall have shared custody of the child.

5. The child shall reside with the respondent between 4 pm on Thursday until 6 pm on Sunday.

6. The child shall be exclusively with the petitioner between 6 pm on Sunday until 4 pm on the following Thursday of every week.

7. The child shall not be removed from the custody of the Family Court at Mumbai, without the prior permission of this Court.

8. Both the parties are directed to see that their conduct shall not affect adversely on child during handing over the custody, as above and even thereafter.

9. The petitioner is directed to pay Rs.7000/- per month to the respondent towards maintenance of child from Filing petition till further order.

10. The petitioner shall deposit amount of maintenance, as above, in the designated account

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of the respondent on or before 10th day of each month as per English calendar.

11. A copy of decree, at once, shall be given free of cost to the parties as per section 23(4) of the Hindu Marriage Act, 1955.

12. The respondent shall bear her own cost and shall pay cost to the petitioner.

13. Decree be drawn accordingly."

5. Pursuant to the order dated 02.03.2021 passed by this court, Respondent Namita Krishnakumar Singh remained present along with the minor child Krishang. In this way, prayer clause (a) and (b) of the present petition in respect of production of the child before this court is complied. Now remaining prayers of the petition is about handing over custody of the child to the Petitioner father. That is required to be argued by both the parties on its own merits.

6. Hence, Registry is directed to place the matter on board on 10.03.2021 in court.

(R.I.CHAGLA, J.)                          (K.K.TATED, J.)




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