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2009 Supreme(Bom) 835

RANJANA DESAI, R.G.KETKAR
Carla Gannon – Appellant
Versus
Shabaz Farukh Allarakhia – Respondent


Advocates appeared:For the Petitioners:J.P. Sen, i/b Dinesh Pednekar & Vatsal Shah, Advocates. For the Respondents:R1, M.M. Vashi, Advocate, V.B. Konde Deshmukh, APP.

JUDGMENT :-

R.G. Ketkar, J.

1. Heard learned counsel for the parties. Rule. By consent rule is made returnable forthwith and matter is taken up for hearing and final disposal.

2. Every child is special and minor child ‘Ali’ is no exception. The controversy in this petition relates to custody of Ali. By this petition under Article 227 of the Constitution of India, the petitioners have inter alia prayed for dismissal of Petition No.D75 of 2008 filed by first respondent herein before Family Court at Bandra, Mumbai; for a writ of habeas corpus directing the first respondent to produce the minor child Ali before this Court and further directing him to hand over the custody of the said minor child to the petitioners in compliance of the orders dated November 20, 2007, August 5, 2008 and October 3, 2008, passed by the Court of Law in Australia with the permission to take the minor child Ali to Australia; for taking cognizance of the illegal acts of the first respondent and passing appropriate directions to the police or to the second respondent-State of Maharashtra, to initiate appropriate criminal action against the first respondent for abduction of child Ali and ensure that the first r























































































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