JYOTIRMAYSINHJI UPENDRASINHJI JADEJA vs THE STATE OF MAHARASHTRA AND ANR

Judgment text excerpt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2540 OF 2025 Jyotirmayasinhji Upendrasinhji Jadeja, ] Age : 43 years, Occ.: Self-Employed, ] R/at : Hawa Mahal, Gondal, Rajkot, ] Gujarat – 360311 ] .. Petitioner Versus 1. The State of Maharashtra ] 2. Damini Kumari Narhari Pratap Singh, ] Age : 46 years, Occ.: Part-time Office Work] Last resided at : C/o. Bhuvneshwari Kumari,] 44 Venus Apartment, 4th Floor, ] SK Barodawala Marg, Altamont Road, ] Mumbai – 400 026. ] ..Respondents Mr. Aman Hingorani, Senior Advocate, with Ms. Sushmita Sherigar and Ms. Krishna Barot, Advocates for the Petitioner. Mr. Vikramaditya Deshmukh with Ms. Priya Chaubey, i/by Ms. Sapana Rachure, Advocates for Respondent No.2. CORAM : RAVINDRA V. GHUGE & GAUTAM A. ANKHAD, JJ. Reserved on : 6th November 2025 Pronounced on : 18th December 2025 JUDGMENT (PER: GAUTAM A. ANKHAD, J.) 1. Rule. Rule is made returnable forthwith and the 1/27 WP-2540-25.Final.odt Dixit matter is heard finally with the consent of the parties. 2. The Petitioner is an Indian citizen. Respondent no.2 is his wife and a citizen of Germany, holding a German passport. The Petitioner has filed this Petition under Article 226 of the Constitution of India seeking a writ of Habeas Corpus for the production and custody of his six-year-old son, who is presently in Germany with Respondent no.2. The Petitioner seeks the following reliefs: “a. The Hon’ble Court, by exercising powers under Article 226 of the Constitution of India, may be pleased to direct the Respondent No.2 to produce their son, i.e. the minor child XYZ before this Hon’ble Court; (name is masked) b. The Hon’ble Court, by exercising powers under Article 226 of the Constitution of India, may be pleased to restore the custody of