Azam Nasir Ansari vs State Of Maharashtra And Ors on 28 July, 2025

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Bombay High Court

Azam Nasir Ansari vs State Of Maharashtra And Ors on 28 July, 2025

Bench: Ravindra V. Ghuge

TRUPTI
   2025:BHC-AS:32179-DB
SADANAND
BAMNE
Digitally signed by
TRUPTI SADANAND
BAMNE
Date: 2025.07.30
                      Trupti                                                                  26-wpst-20608-2024
10:52:09 +0530




                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CRIMINAL APPELLATE JURISDICTION

                                            WRIT PETITION (ST.) NO. 20608 OF 2024
                      Azam Nasir Ansari                                      ... Petitioner
                            versus
                      The State of Maharashtra & Ors.                        ... Respondents

                                                                 ...
                      Mr.Prashant Aher for the Petitioner.
                      Mr.J.P.Yagnik, Addl. PP for the Respondent -State.
                      Mr.Swatesh Tripathi i/b. Mr.R.M.Upadhyay for Respondent Nos. 2 and 3.
                                                           ...


                                                         CORAM   :     RAVINDRA V. GHUGE &
                                                                       GAUTAM A. ANKHAD, JJ.

                                                         DATE    :     28th July, 2025
                      P.C.:-

1. The Petitioner and Respondent No. 2, both professing the Mohammedan religion, entered into a Khula nama Agreement, duly registered on 30th December, 2023. In paragraph 3 of the Khula nama Agreement, Respondent No. 2 has agreed that, since the son is only two years old, she will hand over the custody of the child to the Petitioner on 1 st September, 2025. This is one of the conditions set out in the Khula nama Agreement. Presently, proceedings between the couple are pending before the Trial Court.

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Trupti 26-wpst-20608-2024

2. The learned Advocate for the Petitioner submits that this Petition was filed with the purpose of tracing out the whereabouts of the minor. The learned Addl.PP submits that the minor is presently residing with his mother at Majid Manzil, opposite the Kabristan, Maripur, District Muzzafarpur, State of Bihar.

3. The Petitioner contends that his former wife has got married to a different person and, according to Muhammedan Law, custody of the child cannot be granted to her.

4. The learned Addl.PP has tendered a copy of the statement of Respondent No.2, dated 18th January, 2025. According to the Petitioner, he is now aware of the whereabouts of the minor. As per the terms of the Khula nama Agreement, the child is to be handed over by Respondent No. 2 to the Petitioner, on 1st September, 2025.

5. In view of the above, this Writ Petition is disposed off.

6. Needless to state, in the event the Petitioner has any fresh cause of action, or if the child is not handed over in accordance with the terms of 2/3 ::: Uploaded on - 30/07/2025 ::: Downloaded on - 02/08/2025 09:27:59 ::: Trupti 26-wpst-20608-2024 the Khula nama Agreement, liberty is granted to the Petitioner to approach the Court and seek a remedy as may be permissible in law. (GAUTAM A. ANKHAD, J.) (RAVINDRA V. GHUGE, J.) 3/3 ::: Uploaded on - 30/07/2025 ::: Downloaded on - 02/08/2025 09:27:59 :::

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