AJN 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.774 OF 2009 Mrs. Snehlata Kishor Katigar ... Petitioner Vs. Kishor Bhojraj Katigar & Anr. ... Respondents Mr. Rahul Kolnoorkar for the petitioner. Mr. A.S. Khandeparkar for respondent 1. CORAM : SMT. RANJANA DESAI & R.G. KETKAR, JJ. DATED : 16TH JUNE, 2009. P.C.:- 1. This is a habeas corpus petition. The case of the petitioner is that her minor son – Vipul is illegally taken away from her custody by respondent 1, who is her husband. Pursuant to the oral direction given by us, child – Vipul is produced in our court, today. We interviewed AJN 2 him at length, in our chamber. We find that he loves his father as well as his mother equally. We have also interviewed the petitioner and respondent 1 in our chamber. We interviewed the petitioner’s parents also. 2. We have heard learned counsel appearing for the parties. Admittedly, custody petition filed by respondent 1 is pending in the Family Court at Bandra being Petition No.D-43 of 2009. We would, therefore, not like to express any opinion on the merits of the case. After interviewing the parties and after talking to the child, in our opinion, interest of justice could be served if we pass the following order. 3. Child – Vipul shall stay with his father i.e. respondent 1 from every Monday to Friday. Child – Vipul shall spend every Saturday and Sunday with his mother i.e. the petitioner. On every Saturday, the petitioner shall take the child from the school to her house. On every Sunday at 9.00 p.m., respondent 1 shall take the child from the AJN 3 house of the petitioner to his house. On every Saturday and Sunday, the mother of the petitioner – Smt. Shashikala Vithalsa Harihar shall stay with the petitioner. Smt. Shashikala Vithalsa Harihar is present in the court and she has told us that she will stay with the petitioner on every Saturday and Sunday. Needless to say that this order shall operate till the Family Court passes appropriate order on the custody petition filed by respondent 1. We make it clear that we have not expressed any opinion on the merits of the case and the Family Court shall pass orders on the custody petition filed by respondent 1 independently and in accordance with law. This order to take effect immediately. The petition is disposed of. [SMT. RANJANA DESAI, J.] [R.G. KETKAR, J.]