Justice A M Khanvilkar and Justice R Y Ganoo further directed the couple, Rekha and Santosh (names changed) to remain present in their chambers at 3 pm on September 3 to decide who should get the custody.
For the time being, the judges have not disturbed the custody of the child and asked her father to continue to look after her till the petition is heard next week.
On the instructions of the court, Trombay police produced Santosh before the court. He was carrying his daughter in his arms and she appeared to be comfortable with him.
Rekha alleged that they were in a live-in relationship and blessed with a baby, who is now three-years-old. Last year, she had gone to Dubai for a job, leaving behind the child with her mother.
She further alleged that in February 2011 Santosh had visited his in-laws and took away the child saying he would return in a short while. He even took away the gold jewellery assuring that he would put them in safe custody. Santosh went to the native place in Kerala with the child and did not return, Rekha alleged.
An FIR was filed with the police, but no action was taken as Santosh was not traceable. Being aggrieved, Rekha moved the High Court seeking production of her daughter and child's custody.