1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 256 OF 2010 Smt. Meerabai W/o Sahdeo Kamble, Age : 32 Years, Occu. : Household, R/o Bharat Nagar, Nr. Marathi School Garkheda Area, Aurangabad. .. Petitioner Versus 1. The State of Maharashtra 2. The Chairpeson Balkalyan Samiti, Office 19, Samadhan Colony, Aurangabad - 431 001. 3. The Chairperson Preetmandir Balwant Kartar Anand Foundation Preetmandir 18, Dr. Coyaji Road, Camp Pune - 411 001. .. Respondents Miss Monica Purnapatre, Advocate for the Petitioner. Shri K. J. Ghute Patil, A.P.P. for Respondents/State. Smt S. S. Jadhav, Advocate for the Respondent No. 2 - Absent. Shri S. S. Choudhari, Advocate for the Respondent No. 3. CORAM : P. V. HARDAS AND N. D. DESHPANDE, JJ. DATE : O2ND AUGUST, 2010. 2 ORAL JUDGMENT [ PER P. V. HARDAS, J] : . This writ petition of habeas corpus is filed by the petitioner who is unfortunate mother of two minor children by name Swati and Komal aged 10 and 8 years respectively. It appears that the children were found wandering in the Garkheda Area of Aurangabad and accordingly, the children were taken to the Office of the Child Line Organization. There the children were kept in the custody and care of the said organization and thereafter, the custody of the two minor children came to be shunted to one organization to other and ultimately custody is now rested with the Preetmandir Balwant Kartar Anand Foundation at Pune. The petitioner by this petition claims that she is mother of the children and therefore, entitled in law to claim the custody of the two children. Pursuant to our order passed on 13th July, 2010, the two minor children of the petitioner have been produced before us. From the children we have ascertained the identity of the petitioner as their mother. 02. According to the petitioner, she is working at Aurangabad as maid and therefore, earns enough to support herself and her two minor children. She states that in addition to her income her brother who is employed is also in a position to offer a helping hand if necessary. Thus, the petitioner claims that she is in a 3 position to support and maintain the two minor children. Nothing has been brought on record before us to indicate that the petitioner is otherwise disentitled from claiming the custody of the two minor children. In that light of the matter, therefore, according to us, since the petitioner is the mother of the two minor children and there is nothing to indicate that she is not entitled in law to claim the custody of the two minor children, according to us, this petition deserves to be allowed. 03. Accordingly, a writ of habeas corpus is issued and the custody of the two minor children namely Swati and Komal is handed over for the custody and care of the petitioner. Since the children are produced before us, we direct the custody of the children be handed over to the petitioner in the Court itself. We have been assured by the learned counsel for the petitioner that the petitioner would take care of the two minor children and would ensure that the children are not found wandering in the street hereinafter. 04. Accordingly, a writ of habeas corpus which was issued is made absolute with no order as to costs. [ N. D. DESHPANDE, J.] [ P. V. HARDAS, J.] bsb/July 10