1 IN THE HIGH COURT OF JDICATURE AT BOMBAY CRIMINAL APPELLTE JURISDICTION WRIT PETITION NO. 3176 OF 2009 Amin Mannakurashi ......Petitioner Vs. State of Maharashtra ...... Respondent Mr. P.R. Pandey for the Petitioner Ms U.V. Kejriwal, APP for the Respondent CORAM : J.N. PATEL AND A.A. SAYED, JJ. DATE : 15TH DECEMBER, 2009. P.C. 1 In substance the grievance of the petitioner is for obtaining custody of his daughter Ms. Iram Saba Amin Qureshi. The petitioner’s application under Section 39 of theGuardian and Wards Act came to be rejected by the Family Court as none appeared on the date when the matter was taken up for hearing. The petitioner has challenged the said order by this Writ Petition. 2 The learned Counsel for the petitioner submits that this Court may direct the Family Court, Mumbai to restore the Petition No. D-15 of 2008, which has been dismissed in default by order dated 30-3-2009. The 2 petitioner may file application for restoration in the Family Court or may prefer the appeal in the matter rather than prosecuting this Criminal Writ Petition. Therefore, we dismiss this Writ Petition with liberty to the petitioner to take recourse to the remedy available to him under the law. A.A. SAYED J. J.N. PATEL, J.