1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL WRIT PETITION NO.1055 OF 2009 Mr. Modhamad Amin Gulam Ahmed Chataiwala .... Petitioner Vs. Ms Gazala Modh Amin Chataiwala & Ors. .... Respondents S/Shri Ayaz Bhatt i/b Amit Jambotkar for the Petitioner. Ms Pooja Patel i/b Shri S.J. Khera for Respondent No.1. Shri Rajesh More, APP, for the State. CORAM: BILAL NAZKI & A.R. JOSHI, JJ. DATED: OCTOBER 12, 2009 P.C: This petition has been filed by the petitioner/father praying for custody of the son. The learned counsel for the respondent/mother has brought to our notice an order passed on 27-7-2009 in Writ Petition No. 4086 of 2009 with Civil Application No.1131 of 2009 which shows that the Family Court has granted custody of the child to the petitioner 2 and the respondent has challenged the same before this Court in the above mentioned Writ Petition and the Court has already passed the order. The Court is seized of the matter and the custody of the child cannot be, at this stage, held to be illegal. As such, this petition is misconceived and is dismissed. (BILAL NAZKI, J.) (A.R. JOSHI, J.)