Nadia Rashid vs Shehzad Hemani - 2023 Supreme(Bom) 1009

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Bom) 1009

AMIT BORKAR
Nadia Rashid – Appellant
Versus
Shehzad Hemani – Respondent

Advocates appeared:
Rebecca Gonsalves, Advocate, Sarah Kapadia, Advocate, Vasudha Chandwani, Advocate, Arati Ranade, Advocate, Veena Gowda, Advocate, Shaista Pathan, Advocate, Pooja Shah, Advocate, Neville Majra, Advocate

JUDGMENT

1. The petitioner/mother has filed Writ Petition No.5290 of 2022 challenging orders dtd. 1/3/2021 and 16/2/2022 passed by the learned Family Court, Mumbai below Exhibits 135 and 139 respectively in Petition No.D-40/2015. Petitioner filed application below Exhibit 135 seeking a relief that the observations made by the Family Court at page 100 and 112 that "there is no issue of removal of child wrongfully and illegally" be deleted/struck off and she be permitted to put questions to the petitioner concerning the facts surrounding how the child was brought to India on 29/9/2016. Petitioner application below Exhibit 139 seeking review of order dtd. 1/3/2021 rejecting application below Exhibit 133.

2. In Writ Petition No.11896 of 2019 the impugned order dtd. 10/10/2019 rejects request for production of documents as sought in paragraph 10(i), (ii) and (iii). The documents sought by the petitioner are as under:

(i) All pages of the passport of the Petitioner with all endorsements, visas etc. from 2005 till date;

(ii) All documents, including travel tickets, Indian VISA, official exit/emigration endorsement/stamp from the authorities of the Netherlands/exit point in EU on Insiya's tra