Gajendra Dilip Chacharkar vs Union Of India Thr. Its ...
2021 Latest Caselaw 3978 Bom

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                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             NAGPUR BENCH, NAGPUR.

                     CRIMINAL WRIT PETITION NO. 259                                   OF       2020

                                             Gajendra Dilip Chacharkar
                                                             -Vs-
 Union of India, through its Secretary/ Jt. Secretary, Ministry of External Affairs South Block
                                            New Delhi-110011 and ors.
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Office notes, Office Memoranda of
Coram, appearances, Court's orders                                   Court's or Judge's Orders.
or directions and Registrar's orders.
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                                       Mr. A.R. Ingole, counsel for the petitioner.
                                       Ms.H.N. Jaipurkar, A.P.P for respondents.


                                               CORAM : SUNIL B.SHUKRE &
                                                       AVINASH G. GHAROTE, JJ.

DATE : 03.03.2021.

1. Heard learned counsel for the petitioner. It appears from the averments made in the complaint filed before the J.M.F.C. Corporation Court No.1, Nagpur that admittedly, two children of the petitioner, one daughter aged about 16 years and 8 months and one son aged about 21 years 5 months are residing in U.S.A along with their mother in U.S.A and their custody has been granted to their mother residing in U.S.A by U.S. Court of competent jurisdiction. Therefore, it is doubtful if this petition filed for issuance of writ of habeas corpus is maintainable.

2. According to the learned counsel for the petitioner the petition is maintainable because the U.S Court had passed the order granting custody ex-parte and without giving any hearing to the petitioner. Copy of the judgment of the U.S. Court, however, is not placed

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905-wp no 259-20.odt

on record. Petitioner may do so.

3. Stand over to two weeks.

                              JUDGE                             JUDGE




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