PRAVIN NATHALAL PARGHI S/O LATE MR NATHALAL GANGJI PARGHI vs STATE OF MAHARASHTRA AND ORS

Judgment text excerpt

wp 2374-25.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION LAXMI SUBHASH SONTAKKE WRIT PETITION NO. 2374 OF 2025 Digitally signed by LAXMI SUBHASH SONTAKKE Date: 2025.09.04 18:49:05 +0530 Pravin Nathalal Parghi .. Petitioner Versus The State of Maharashtra & Ors. .. Respondent Ms. M. J. Reena Rolland a/w Aishwarya Bhandary for the Petitioner. Mr. Mayur Sonavane, APP for Respondent Nos. 1 to 4. Ms. Parul Shah i/b. Pratibha Bangera for Respondent Nos. 5 to 8. Mr. Mohd. Rafik Gavandi, P.S.I., Malad Police Station, Mumbai. CORAM: RAVINDRA V. GHUGE & GAUTAM A. ANKHAD, JJ. RESERVED ON: AUGUST 22, 2025 PRONOUNCED ON: SEPTEMBER 04, 2025 JUDGMENT (PER: GAUTAM A. ANKHAD, J.) 1. Rule. Rule is made returnable forthwith and the matter is heard finally with the consent of the parties. 2. The Petitioner is the biological father of 5-year-old twins. Respondent No. 5 is the mother of the Petitioner, and Respondent Nos. 6 to 8 are the sisters of the Laxmi 1/13 wp 2374-25.odt Petitioner. One son (Mst. Lakshya Parghi) is in the custody of the Petitioner, whereas the other (Mst. Lavya Parghi) is admittedly in the custody of Respondent No. 5. 3. The present Petition seeks a Writ of Habeas Corpus directing Respondent No. 4 (Police) to procure the custody of the Mst. Lavya Parghi from Respondent No.5 and hand him over to the Petitioner. 4. The facts in a nutshell are as follows:- (i) The Petitioner is presently working as a ‘Mukadam’ at the P/North Ward office of the Municipal Corporation of Greater Mumbai (MCGM). His job was secured a few years ago with MCGM under a retirement-linked preferential employment scheme availed by the Petitioner through Respondent No. 5, who was a former employee of MCGM. (ii) The Petitioner was married on 6th December, 2014 and the tw