IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 909 OF 2008 CRIMINAL WRIT PETITION NO. 909 OF 2008 CRIMINAL WRIT PETITION NO. 909 OF 2008 Sapna Champak Shah ... Petitioner Vs. Chandraprakash Shambulal Shrivastav & Ors. ... Respondents Mr. S.V.Marwadi, Advocate i/b. Ms. Sunita Sharma, Advocate, for the petitioner. Mr. A.R.Patil, APP, for the State. Mr. A.M.Saraogi, Advocate for respondent No.1. CORAM: B.H.MARLAPALLE & CORAM: B.H.MARLAPALLE & CORAM: B.H.MARLAPALLE & J.H.BHATIA,JJ. J.H.BHATIA,JJ. J.H.BHATIA,JJ. DATE : 26th June, 2008. DATE : 26th June, 2008. DATE : 26th June, 2008. P.C. P.C. P.C. 1. Shri Chandraprakash Shambulal Shrivastav, the respondent No.1 is present in the Court with Himanshu, the son of the petitioner and respondent No.1. We have observed the child for about 15 minutes in the Court and noted that the child is healthy and cheerful. We have also observed that the child is quite comfortable and happy in the company of his father. The child is in the custody of the natural father - respondent No.1 and, therefore, we do not see any reason to entertain this petition for a Writ of Habeas Corpus. If the petitioner desires to have custody of Himanshu, the minor son from respondent No.1, the natural father, she will have to take appropriate proceedings before the subordinate Court. 2. Hence, the petition is disposed with liberty to the petitioner to approach the appropriate Court to seek the custody of the son Himanshu. (J.H.BHATIA,J.) (B.H.MARLAPALLE,J.) (J.H.BHATIA,J.) (B.H.MARLAPALLE,J.) (J.H.BHATIA,J.) (B.H.MARLAPALLE,J.)