1 of 4 27-WP-4584-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 4584 OF 2026 Deepali Trishul Thakur @ Deepali Praful Thakur … Petitioner Versus State Of Maharashtra & Ors. ... Respondents __________ Mr. Saurabh Butala a/w Ms. Harshada Shrikhande for Petitioner. Ms. Gauri Rao, APP for Respondent-State. Mr. Govind Solanke for Respondent No. 3. Ms. Sumangala Yadav for Respondent No. 4. Mr. Bhushan D. Raut attached to Nhava Sheva Police Station, Navi Mumbai is present. __________ CORAM : SARANG V. KOTWAL & RANJITSINHA RAJA BHONSALE, JJ. DATE : 13th OCTOBER 2026 PC : 1) This petition is for the writ of habeas corpus filed by the mother for her 8-year-old daughter. It is not necessary to refer to the allegations and counter-allegations made by the parties. We have heard learned counsel for the Petitioner and learned counsel for the contesting Respondent No. 3, who is the husband of the Petitioner and the father of the daughter. Sagar Magar 2 of 4 27-WP-4584-2026 2) At present the daughter is residing with her father, i.e., Respondent No. 3. Learned counsel for the Petitioner makes a statement that the Petitioner will adopt appropriate proceedings in accordance with law before the appropriate forum for custody of the daughter. He submitted that the said process will take time. Therefore, some arrangement be made for a reasonable period so that the Petitioner can have exclusive access to the daughter every day. 3) We have considered this submission and sought a response from learned counsel for Respondent No. 3. He on instructions stated that Respondent No. 3 is agreeable to the Petitioner having exclusive access for 2 hours every day between 7.15 p.m. and 9.15 p.m. for a reasonable period. 4) We are informed that the Petitioner is working. Therefore, the timing has to be convenient to the Petitioner. To show her bona fides, the Petitioner had tendered a copy of the Affidavit of undertaking that, after 2 hours every day, she shall personally drop the minor child back at the residence of 3 of 4 27-WP-4584-2026 Respondent No. 3. That Affidavit is taken on record, and a copy of the same is served on learned counsel for Respondent No. 3. 5) In view of the proposed arrangement for physical access, learned counsel for the Petitioner does not press this petition but seeks liberty to adopt appropriate proceedings in accordance with law before the appropriate forum. 6) Hence the following Order:- i) The petition is disposed of as not pressed. ii) The Petitioner is at liberty to approach the appropriate Court for custody of the child in accordance with law. When such an application/petition is filed it shall be decided expeditiously, without being influenced by the disposal of the present Petition, and it shall be decided in accordance with law. iii) For the period of 3 months from uploading of this Order, there shall be following arrangement for physical access :- 4 of 4 27-WP-4584-2026 a) From Monday to Saturday, the Petitioner shall collect the child around 7.15 p.m. and drop the child back at Respondent No. 3's house at 9.15 p.m. b) On Sunday, she shall collect the child at 5 p.m. and drop her back at Respondent No. 3's house at 7 p.m. iv) This arrangement shall continue only for a period of three months from the uploading of this Order subject to further orders, if any, passed by the Court where the Petitioner proposes to file the custody petition. (RANJITSINHA RAJA BHONSALE, J.) (SARANG V. KOTWAL, J.) SAGAR SANTOSH MAGAR Digitally signed by SAGAR SANTOSH MAGAR Date: 2026.10.15 18:15:07 +0530