A division bench of Justices A M Khanwilkar and R Y Ganoo was hearing a haebeas 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 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, Rekha approached the High Court and as per its directions, Santosh appeared before the court along with the child.
Earlier this week, the bench had tried to settle the matter amicably but the woman refused to marry and settle following which the court said it would hear the case on merits and directed police not to arrest Santosh till today.
Santosh today filed an affidavit in the High Court stating that his daughter is happier with him and he was willing marry Rekha and also take care of her other child, born from her first marriage.
Santosh had also moved the sessions court seeking anticipatory bail. The lower court had granted him interim relief till September 11.
The High Court today adjourned hearing till September 11 to permit the woman to file a reply to Santosh's affidavit.
