1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Criminal Writ Petition No.1119 of 2008 Lalit Narayan Petitioner Vs. Pachi Narayan & anr. Respondent Ms.Pooja Jalan for petitioner. Mr.A.R.Patil, APP for State. CORAM: B.H.MARLAPALLE & J.H.BHATIA,JJ. June 30, 2008 P.C. . Heard Ms.Jalan, the learned counsel for the petitioner-husband who prays for a writ of habeas corpus for production, release and return of his minor daughters - Sushmita and Himani, aged seven years and four years respectively and who are presently in the custody of their natural mother, the present respondent no.1. The learned counsel has placed reliance on the decision in the case of Rajesh K. Gupta Vs. Ram Gopal Agarwala & ors. [(2005) 5 SCC [(2005) 5 SCC [(2005) 5 SCC 359] 359] 359]. 2 . We have noted from the record that Marriage Petition No.4 of 2008 has already been moved by the petitioner before the District Court at Thane and the said petition was returned for presentation in the Court having proper jurisdiction, as per the order dated 7/3/2008. It appears the present respondent no.1 filed Transfer Petition (Civil) No.504 of 2008 before the Supreme Court and by the order dated 2/5/2008, further proceedings before the trial Court have been stayed until further orders. It is under these circumstances that this petition is moved for a writ of habeas corpus and the learned counsel for the petitioner submitted that the petitioner - father is concerned about the well being of his two daughters. . Prima facie, there is no material to accept the contentions that the natural mother is neglecting her two daughters and when the mother’s transfer petition is pending for transfer of the marriage petition to the Court at Varanasi, this petition is an attempt to force the mother to return to India with the children. . We are, therefore, not inclined to entertain this petition and in any case after the Apex Court 3 passes the final order in the transfer application, the petitioner will have his remedy before the appropriate Court seeking production of the minor daughters. Petition is rejected. (J.H.BHATIA,J.) (B.H.MARLAPALLE,J.)