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2023 Supreme(Bom) 1619

REVATI MOHITE DERE, GAURI GODSE
Richard Alexander Geary – Appellant
Versus
State of Maharashtra Represented by the Commissioner of Police – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Ms. Geeta Luthra, Senior Counsel (through Video Conferencing) a/w. Mr. Kunal Vaishnav, Mr. Adarsh Kothari and Ms. Surbhi Soni i/b. Manish G. Varma & Associates
For the Respondent: Ms. Lata Desai, Senior Counsel a/w. Dr. Pallavi Divekar, Ms. Manasi Hirve, Ms. Aishwarya Deshmukh and Ms. Pratiksha Mane i/b. M/s. Divekar & Co., Ms. P. P. Shinde, APP

JUDGMENT :

GAURI GODSE, J.

1. Rule. Rule made returnable forthwith.

2. Ms. Desai learned senior counsel waives notice for respondent no. 2, and Ms. Shinde learned APP waives notice on behalf of respondent no. 1 – State. By consent, taken up for final disposal. Considering the prayers in the writ petition and the dispute being only between the petitioner and respondent no. 2, it is not necessary to hear respondent nos. 3, 4 and 5.

3. This petition is filed by the father of the minor girl child aged 3 years, seeking a writ of habeas corpus for directing respondent no.2 to produce the child before this court. Respondent no. 2 is the mother of the child and wife of the petitioner. Respondent nos. 3 and 4 are parents of respondent no. 2. The petitioner has also prayed for custody of the child together with the child’s original passport, birth certificate and other immigration and health documents from respondent no. 2 and for permission to take the child to Singapore.

FACTUAL ASPECTS:

4. The petitioner and respondent no.2 (“the parties”) got married on 26th December 2018 in New York in th

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