A division bench of Justices A M Khanwilkar and R Y Ganoo was hearing haebeas corpus (produce the person) petition filed by a woman alleging that her daughter was kidnapped by the father, with whom she was in a live-in relationship.
According to the petition, the woman was in a live-in relation with the accused for several years and had a baby three years ago. However, when he refused to marry her, she left him and started living with her mother along with the child.
Last year, when the woman had gone to Dubai for a job, leaving behind the child with her mother, the father allegedly took her away to Kerala. When he did not return, she came back to Mumbai and lodged a complaint with the police.
After the police allegedly failed to take action, she approached the High Court. As per its directions last week, the father appeared before the court along with the child.
The judges interviewed the woman and the accused inside their chambers today and asked if they would like to settle the matter amicably and get married. However, the woman refused to settle following which the court said it would hear the matter on merits.
When the court was informed that a case of kidnapping had been registered against the father, Justice Khanwilkar said, "You (police) can wait till further hearing of the petition. There is no need to arrest him now."
Directing the father to file his affidavit in reply to the petition by September 6, the court said the child will remain in the father's custody till further hearing.
