A division bench of Justices A M Khanwilkar and R Y Ganoo was hearing a habeas corpus (produce the person) petition filed by Rekha (name changed) alleging that her daughter was kidnapped by the father, with whom she was in a live-in relationship.
According to the petition, Rekha was in a live-in relation with Santosh (name changed), from Kerala, for several years and had a baby three years ago.
She has alleged that they separated as he refused to marry her, following which she along with the baby went to live with her mother.
Last year, when Rekha had gone to Dubai for a job, leaving behind the child with her mother, Santosh allegedly took away the baby to Kerala. When he did not return, Rekha came back to Mumbai and lodged a complaint with the Trombay police station.
When the police failed to trace them, Rekha approached the High Court and as per its directions, Santosh appeared before the court along with the child.
"Now that he has appeared with the child, both the parties can pursue their remedy for custody of the child before the district court," the bench said directing both mother and father to appear before the lower court tomorrow seeking urgent interim relief for expediting the hearing.
While Santosh had agreed to amicably settle the matter and get married, Rekha had refused to do so.