1 wp3200.09.sxw ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3200 OF 2009 Shashimala Sudhir Roy. ....Petitioner Vs. The State of Maharashtra ....Respondent Mr. Mahendra Deshmukh i/b. Mr. Vikas Kolekar for petitioner. Mr. K.V.Saste, APP for State. CORAM:- A.M.KHANWILKAR AND U.D.SALVI, JJ. DATED:- SEPTEMBER 8, 2010. P.C. 1. Learned APP has invited our attention to the fact that the Petitioner had made application for custody of child to the Competent Authority, which was rejected on 6th October, 2009. Against such decision, the Petitioner could have availed of remedy of appeal under section 52 of the Act of 2000. Instead, the Petitioner has rushed to this Court by way of present Writ Petition under Article 226, which is filed on 21st November, 2009. 2. To get over this position, Counsel for the Petitioner submits that the Order passed on 6th October, 2009 was never communicated to the Petitioner and it has 2 wp3200.09.sxw come as surprise to him personally for the first time today, when the matter is placed for final disposal. 3. The fact remains that the Petitioner has remedy of appeal by way of section 52 of the Act, which has to be entertained by the Court of Sessions. Significantly, in the Writ Petition, which is presented before this Court, no disclosure is made about the order passed on 6th October, 2009 or any grievance is made that the Petitioner has not been communicated about the said decision. On the other hand, on close reading of paragraph-5 of the Petition, it is noticed that the Petitioner was aware of the fact that her prayer for custody of the child has been refused. 4. Be that as it may, we dispose of this Petition with liberty to the Petitioner to take recourse to remedy of appeal before the Court of Sessions, which is the alternative and efficacious remedy available to the Petitioner. The said appeal shall be proceeded on its own merits by the Sessions Court even though it will be presented after expiry of limitation. We say so because the present Petition has been filed before this Court on 21st November, 2009, which is well within 30 days from the date of the order passed under section 39 on 6th October, 2009. 3 wp3200.09.sxw 5. The Petition is disposed of keeping all questions open with further direction to the Sessions Court to decide the appeal, to be presented by the Petitioner expeditiously and preferably within 8 weeks from the date of presentation. (U.D.SALVI, J.) (A.M.KHANWILKAR, J.)