Nienke Leida Hulshof vs State Of Maharashtra And Ors
2024 Latest Caselaw 326 Bom

Bombay High Court

Nienke Leida Hulshof vs State Of Maharashtra And Ors on 8 January, 2024

Author: A. S. Gadkari

Bench: A. S. Gadkari

RVC                                                                              34. WP 3951-23..doc



                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                           CRIMINAL APPELLATE JURISDICTION

                      CRIMINAL WRIT PETITION NO.3951 OF 2023

Nienke Leida Hulshof                                                    ... Petitioner
      V/s.
The State of Maharashtra & Ors.                                         ... Respondents

Mr. Anil Malhotra (Through V.C.) a/w Ms. Anagha Nimbkar, Mr. Durgesh
Jaiswal, Mr. Ankit Malhotra and Ms. Gulistan Dubash for the Petitioner.
Mr. S.V. Gavand, APP for Respondent No.1-State.
Mr. Mihir Desai, Senior Advocate a/w Mr. Sanskriti Yagnik i/b Navin
Sachanandani for Respondent Nos.2 to 5.

                                         CORAM : A. S. GADKARI AND
                                                 SHYAM C. CHANDAK, JJ.

DATE : 8th January 2024.

P.C. :

1) Heard learned counsel for the respective parties.

2) As and by way of pro-tem arrangement, the custody of a girl

child, namely, Noa Sonal Survase ("Noa") be handed over to the Petitioner,

who is the biological mother of her.

3) Mr. Mihir Desai, learned senior counsel appearing for

Respondent No.2, on instructions submitted that, Respondent No.2 will make

arrangement for accommodation of the Petitioner and said child Noa in

'Hotel Amber Paramount', situated at Four Bunglow, Andheri (West),

Mumbai, in a best possible room, not below the standard of Super Delux

Room, upto Saturday, 13th January, 2024. The Petitioner will take the child

to St. Mary's School, which is situated in Andheri (West), Mumbai.

RVC 34. WP 3951-23..doc

4) Respondent No.2 shall provide conveyance charges for cab/taxi

for to and fro travel of the Petitioner and said child Noa.

5) Respondent No.2 is entitled to have visitation to the said child

Noa between 05.00 p.m. to 06.00 p.m. in the lobby of the said Hotel.

6) Petitioner is directed to deposit her Passport with the Registry of

this Court on or before 05.00 p.m. today, i.e. 8th January, 2024.

7) The present Order is made operational with an immediate effect.

8) It is needless to mention that, this Order is passed in open Court

and the text of the Order is well within the knowledge of learned counsel

appearing for the Petitioner, learned A.P.P. for Respondent No.1-State and

learned counsel for Respondent No.2.

9) Taking into consideration the issues involved in the present

Petition regarding the execution of a Judgment and Order passed by the

Court situated in a Foreign Country, we requested Mr. Subodh Desai, learned

Advocate to assist this Court as amicus curiae. Learned Advocate Mr. Subodh

Desai gracefully acceded to our request.

9.1) Learned Advocate on record for the Petitioner is directed to

serve a copy of complete compilation of Petition upon learned Advocate

Mr. Subodh Desai, during the course of the day.

10)              Stand over to 12th January, 2024.


      ( SHYAM C. CHANDAK, J. )                         ( A.S. GADKARI, J. )