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2026 DAILYLAW 20245 (BOM)

NEERAJ CHAWLA v. STATE OF MAHARASHTRA AND ANR

WP/2782/2026 · 2026-10-15

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Judgment text

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1 of 3 23-WP-2782-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 2782 OF 2026 Neeraj Chawla ..Petitioner Versus The State of Maharashtra & Anr. ..Respondents __________ Ms. Juhi Arora i/by Mr. Gaurav Shukla, Advocate for Petitioner. Ms. Lata Desai a/w Ms. Aishwarya Shetty i/by Divekar & Co., Advocate for Respondent No.2. Ms. Gauri Rao, APP for the Respondent-State. __________ CORAM : SARANG V. KOTWAL & RANJITSINHA RAJA BHONSALE, JJ. DATE : 15th OCTOBER 2026 PC : 1. This is a Petition for Writ of Habeas Corpus. It is a fight between the parents for the custody of their 7-year-old son. 2. Learned Counsel for the Petitioner states that she will adopt appropriate proceedings by filing an appropriate Custody Petition before the appropriate Court. She submitted that permission be granted to her to withdraw this Petition with such liberty. She requested that the arrangement made vide the Order supriya SUPRIYA PRAMOD JAWARE Digitally signed by SUPRIYA PRAMOD JAWARE Date: 2026.10.16 17:56:10 +0530 2 of 3 23-WP-2782-2026 dated 1st July 2026 be continued for a period of three months so that, in the meantime, the Petitioner can take appropriate steps. The request is reasonable. 3. Learned Counsel for the Respondent No.2 submits that the mother of the child has no objection for continuation of that arrangement for three months. Hence, the following Order : ORDER (i) The Petition is allowed to be withdrawn with liberty to the Petitioner to adopt appropriate proceedings in accordance with law by approaching appropriate forum for custody of the child. If such proceedings are initiated, they shall be decided on their merits without being influenced by the withdrawal of this Petition. (ii) For a period of three months from uploading of this Order, the Petitioner shall have access to the child every Sunday between 03.00 p.m. to 06.00 p.m. in the house of the Respondent No.2. In case, the Petitioner wishes to take the child to a public place like a mall, then the Respondent No.2 is permitted to accompany them to the said place. 3 of 3 23-WP-2782-2026 (iii) In addition, the Petitioner shall have Video Conferencing access to the child between 07.00 p.m. to 07.30 p.m. on the other days of the week. (iv) In addition to the Petitioner, even his parents shall have similar access once a month on similar conditions. (v) This arrangement shall continue for a period of three months from uploading of this Order as mentioned earlier. (vi) The Petition is disposed of as withdrawn in the aforesaid terms. (RANJITSINHA RAJA BHONSALE, J.) (SARANG V. KOTWAL, J.)