A division bench of Justices A M Khanwilkar and R Y Ganoo of the high court was hearing a habeas corpus (produce the person) petition filed by one 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 who was in live-in relationship with Santosh (name changed) for several years 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 stay 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 child to Kerela. 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, Rekkha approached the high court. As per directions of the high court last week Santosh appeared before the court along with the child.
The bench had earlier this week tried to settle the matter but the lady was not forthcoming following which the court said it would hear the case on merits and directed the police not to arrest Santosh till today (September 6).
Santosh today filed an affidavit in the high court stating his daughter was happier with him and that he was willing to get married to Rekha and take care of her and her other child born from her first marriage.
Santosh had also moved the Sessions Court seeking anticipatory bail and the court granted him interim relief till September 11.
The high court today adjourned hearing till September 11 to permit the lady to file her reply to Santosh's affidavit.