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Sohil Premkumar Kothari vs The State Of Maharashtra And Ors on 12 March, 2019





Sohil Premkumar Kothari … Petitioner
The State of Maharashtra Ors. … Respondents

Mr.Satish Maneshinde with Mr.A.S.Pal Ms.Shaanal Shah with
Mr.Anand Damle with Mr.Ameya Chaudhari i/b. Mehta
Padamsey, Advocate for the Petitioner.

Mrs.Taubon Irani with Mr.Yusuf Iqbal Yusuf with Neville Majra,
Anvee Mehta with Ms.Shaista Pathan with Ms.Gyanika Kochar i/b.
Taubon Irani, Advocate for the Respondent No.3.

Mr.Sanjog Parab with Mr.Yusuf Iqbal Yusuf with Neville Majra,
Anvee Mehta with Ms.Shaista Pathan with Ms.Gyanika Kochar i/b.
Y A Legal Advocate for the Respondent Nos.4 and 5.

Mr.Yusuf Iqbal Yusuf with Neville Majra, Anvee Mehta with
Ms.Shaista Pathan with Ms.Gyanika Kochar i/b. Neville Majra,
Advocate for the Respondent Nos.6 and 7.

Mrs.Kalpana Ashar with Mr.Yusuf Iqbal Yusuf with Neville Majra,
Anvee Mehta with Ms.Shaista Pathan with Ms.Gyanika Kochar i/b.
Anvee Mehta, Advocate for the Respondent No.8.


DATED : 12th MARCH 2019.

Gaikwad RD 1/6

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P.C. :
1 Heard the learned Counsel for the respective parties.

2 This Writ Petition is for the writ of Habeas Corpus filed

by cousin brother of respondent No.9. By order dated 11 th March
2019, the following directions were passed :

“1 Learned Counsel for the petitioner is directed to
implead Mrs.Rachna Vishal Doshi the alleged abducted
cousin of the Petitioner as Respondent No.9, during the
course of the day.

2 Issue notice to the added respondent No.9-
Mrs.Rachna Vishal Doshi returnable on 12th March 2019.
Learned APP waives notice on behalf of respondent Nos.1
and 2. In addition to the Court notice, counsel for the
Petitioner to serve newly added respondent No.9 by private
notice and file affidavit of service to that effect. The police
authorities of Gamdevi Police Station are also requested to
ensure service on newly added respondent No.9-Mrs.
Rachna Vishal Doshi.

3 The newly added respondent No.9 is at liberty to
remain present in the course of the proceedings and to file
affidavit in reply if she so desires.

All the concerned to act on the authenticated copy
of this Order.

Matter be placed on 12th March 2019.”

Gaikwad RD 2/6

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3 Today, when the matter was taken up, respondent

No.9 namely Rachna Vishal Doshi appeared in person and filed an
affidavit narrating various difficulties encountered by her in the
present case. Since the present case arises for consideration for
writ of Habeas Corpus, we do not intend to enter in the various
issues raised in the affidavit in view of exercise of our jurisdiction
in such matters. It is stated in her affidavit that on 3 rd March 2019
while she was on a way back from her trip she received a email
from respondent No.3 husband that he had filed a divorce petition
and that he had obtained Order of status-quo of the custody of the
children which is marked as Exhibit A. Respondent No.9 has
further stated that she was not allowed to enter in the matrimonial
house and she was not allowed to meet her children and she went
and lodged complaint at the Gramdevi Police Station and it is only
with the assistant of the police authority she was given access to
her matrimonial house.

4 In the affidavit she has narrated various difficulties
that she is facing while living in the said house and further she has
averred that her husband respondent No.3 came to the
matrimonial house on 10th March 2019 without the children
accompanying him. It is further averred that her entry and egress
in the matrimonial house have been substantially curtailed since
the main lock of the house has been changed in the meanwhile
and she does not possess the key for allowing her entry and egress
from the house.

Gaikwad RD 3/6

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5 The learned Counsel appearing for the petitioner

supports the submissions contained in the affidavit made by
respondent No.9.

6 On the other hand, the learned Counsel appearing for
the respondent Nos.4 and 5 (in-laws) of respondent No.9
strenuously denied the allegations made by the respondent No.9
that she has not been provided with necessary food etc. to the
respondent No.9. The learned Counsel appearing for respondent
No.3 submits that her husband has initiated a matrimonial
proceedings before the Family Court at Bandra, Mumbai bearing
No. A-532/2019 and in the said proceedings, in Interim
Application No.31 of 2019, the following Order has been passed.

“Read application and heard learned Counsel for husband.
To avoid complications, the respondent No.1 is directed to
maintain the status quo in respect of children as on today
by the time till further Order on next date”

Learned Counsel for respondent No.3 submits that the
next date fixed by the learned Family Judge is the 18 th March

7 After hearing the learned Counsel for the respective
parties and on perusing the affidavit filed by respondent No.9 and
having heard respondent No.4 (father-in-law) and respondent
No.9 in person.

Gaikwad RD                                                                       4/6

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8 Presently respondent No.9 is residing in her

matrimonial house. Therefore, we direct the respondent Nos.4
and 5 to hand over a copy of key of the main entrance to the
respondent No.9 by this evening in order to enable her entry and
exit from the house as per her need. The Respondent No.9 shall
keep in mind and consideration the advanced age of the
respondent Nos.4 and 5 and other family members residing in the
house. Respondent No.9 is requested to respect their needs and to
ensure that no disturbance is caused to them.

9 In the present writ of Habeas Corpus further prayer is
for production of two children of the respondent Nos.3 and 9
namely Master Aman Vishal Doshi and Miss Aria Vishal Doshi. In
so far as this prayer of petitioner is concerned, in view of the
Order passed by the Family Court, as noted herein above, since
temporary custody has been provided in favour of the respondent
No.3, in view of the said Order, this Court is not entering into
issue about their production except directing that the respondent
No.3 shall be responsible for two children until the Family Court
decide the issue of custody finally. The Respondent No.9 is at
liberty to take such steps as she may be advised regarding the
custody of the children before the learned Family Judge.

10 We also note herein that in the event respondent No.9
faces any difficulty, she may contact the local police station, who
shall provide her necessary assistance to ensure the compliance of

Gaikwad RD 5/6

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our directions. Respondents Nos.4 to 5 have the liberty to
approach the local Gramdevi Police Station if any unwarranted
situation arises. However, we hope and trust that the parties
concerned being directly related to each other as father-in-law,
mother-in-law as well as daughter-in-law, they should respect each
others dignity and ensure that no difficulty is caused to the right of
residence of the respondent No.9 till the matter is adjudicated by
the competent Family Court.

11 We further observe herein that none of our
observations herein shall have any impact on the pending
proceedings initiated by the respondent No.3 before the Family
Court as well as the proceedings initiated by respondent Nos.4 and
5 before the appropriate forum and the said Courts/Tribunals
should arrive at such conclusion as per evidence produced before
the said Court/Tribunal. Reference made in this Order to the
affidavit filed by the respondent No.9 are only for the purpose of
disposal of the present Writ Petition of Habeas Corpus.

12 With these directions and observations the Writ
Petition of Habeas Corpus is disposed of accordingly.

     (A.M.BADAR, J.)                     (INDRAJIT MAHANTY, J.)

Gaikwad RD 6/6

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