SHAHNA GARG ADVANI vs STATE OF MAHARASHTRA AND ANR

Judgment text excerpt

Gokhale 1 of 17 wp-st-10982-24 (J) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION (ST) NO. 10982 OF 2024 Shahna Garg Advani ..Petitioner Versus The State of Maharashtra & Anr. ..Respondents WITH INTERIM APPLICATION (ST) NO. 25948 OF 2024 IN CRIMINAL WRIT PETITION (ST) NO. 10982 OF 2024 __________ Mr. Vikram Deshmukh i/b. MS Legal for Petitioner. Mr. B.V. Holambe Patil, APP for State/Respondent. Mr. Mahesh Jethmalani, Sr. Advocate (appeared through V.C.) a/w. Ms. Gunjan Mangla, Pooja Jalan and Jimi Jakhadi for the Respondent No.2. __________ CORAM : SARANG V. KOTWAL & S. M. MODAK, JJ. RESERVED ON : 17 APRIL 2025 PRONOUNCED ON : 28 APRIL 2025 ORDER: (Per Sarang V. Kotwal, J.) 1. Heard Mr. Vikram Deshmukh, learned counsel for the Petitioner, Mr. Holambe-Patil, learned APP for the State and Mr. Mahesh Jethmalani, learned Senior Counsel for the Respondent No.2. VINOD BHASKAR GOKHALE Digitally signed by VINOD BHASKAR GOKHALE Date: 2025.04.28 15:20:32 +0530 2 of 17 wp-st-10982-24 (J) 2. This is yet another case where the child is an innocent victim in the bitter battle between his own parents. The petition is filed by the mother of a 10 year old child. The Petition is filed for directing the Respondent No.2-father of the child to produce the child before the Court and with further directions to restore the custody of the child with the Petitioner. 3. The parties, in the background of their unending grievances with each other, have filed voluminous pleadings and counter pleadings. However, basic facts as reflected from the petition are as follows: The Petitioner got married with the Respondent No.2 on 28.11.2012 and started residing with him in their matrimonial house at Woodlands Apartment, Peddar Road, Mumbai. The Respondent N