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SCR.A/2362/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 2362 of 2010
=========================================================
NIRUBEN
NARENDRABHHARTI GOSWAMI - Applicant(s)
Versus
STATE
OF GUJARAT & 3 - Respondent(s)
=========================================================
Appearance
:
MR
APURVA A DAVE for
Applicant(s) : 1,
MR DABHI, ADDL. PUBLIC PROSECUTOR for
Respondent(s) : 1,
None for Respondent(s) : 2 -
4.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.M.KAPADIA
and
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 29/11/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE A.M.KAPADIA)
1. Mr.
Apurva Dave, learned advocate for the petitioner, upon instructions
received from the petitioner, does not press this petition and seeks
leave to withdraw the same with a view to take appropriate remedy
under the Hindu Minority and Guardian Act to take custody of her
minor boy Umesh, who is aged about 6 years and is in custody of his
father – husband of the petitioner.
2. Mr.
Dabhi, learned APP has no objection if leave as prayed for is
granted.
3. Hence,
leave to withdraw the petition is granted. The petition stands
disposed of as it is withdrawn.
4. It
would be open for the petitioner to file appropriate application
before appropriate Court for obtaining custody of the minor boy, who
is in custody
of
his father – husband of the petitioner. If such an application
is filed, the concerned Court shall take decision immediately looking
to the welfare of the minor boy, who is aged about 6 years.
(A.M.KAPADIA,
J.)
(BANKIM.N.MEHTA,
J.)
shekhar/-
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