Indian Kanoon - Search engine for Indian Law

Bombay High Court

Shakhavat Ali Qureshi & Anr vs State Of Maharashtra Thr. Nandanvan ... on 14 March, 2019

Author: Z.A. Haq

Bench: Z.A. Haq

                                                       1                                    wp39.19

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               NAGPUR BENCH : NAGPUR

                        CRIMINAL WRIT PETITION NO.39 OF 2019
(SHAKHAVAT ALI QURESHI & ANR...VS.. STATE OF MAH. THR. POLICE STATION, NANDANVAN &
                                        OTH.)

 ----------------------------------------------------------------------------------------------
Office Notes, Office Memoranda of Coram,                               Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
----------------------------------------------------------------------------------------------
                            Shri Syed Shahid, Advocate for Petitioners.
                            Shri A.M.Balpande, A.P.P. for Respondent No.1.
                            Ms S.H. Diwan, Advocate for Respondent No.2.

                                            CORAM : Z.A.HAQ AND VINAY JOSHI, JJ.

DATED : MARCH 14, 2019.

The petitioners (biological father and mother of a nine month old female child "Ayesha") are before this Court praying for directions to the respondent No.1 Police Authorities to take custody of the child from the respondent Nos. 2 and 3 and hand it over to the petitioners.

Admittedly, the respondent Nos. 2 and 3 are not related to either of the petitioner and consequently they are not related to the minor child-Ayesha.

and 3 relies on Adoption Deed alleged to have been executed by the petitioners in favour of the respondent Nos. 2 and 3 on 30th June 2018, giving the minor child-Ayesha in adoption to the respondent Nos. 2 and 3.

The learned Advocate for the petitioners has submitted that the petitioners, minor child and the respondent Nos. 2 and 3 are Muslims and there is no concept of adoption under Mohammedan Law.

2 wp39.19 The learned Advocate for the respondent Nos. 2 and 3 seeks time to file reply.

List the petition for further consideration/hearing on 29th March 2019.

As the respondent Nos.2 and 3 have produced the minor child-Ayesha and considering the fact that the minor child is aged about 9 months only, we are of the view that the minor child-Ayesha should be given in custody of her biological mother i.e. petitioner No.2.

have handed over the custody of the minor child-Ayesha to the petitioner No.2.

The petitioners shall remain present before this Court on 29th March 2019 along with minor child Ayesha at 11.00 a.m. (VINAY JOSHI, J.) (Z.A.HAQ, J.) RRaut..