Bombay High Court

NEHA MILINDRA GAUTAMversusSTATE OF MAHARASHTRA AND ORS

Decided: 2 July 2026
Disposal: Allowed To be withdrawn
Bench: SARANG VIJAYKUMAR KOTWAL ASHISH SAHADEV CHAVAN

Holding

The Court granted permission to withdraw the petition and ordered that any subsequent custody proceedings be decided without being influenced by the withdrawal.

Summary

The petitioner, Neha Milindra Gautam, filed a criminal writ petition seeking custody of a child. Counsel for the petitioner requested permission to withdraw the petition and to approach the appropriate forum, such as the Family Court or Civil Court, for custody matters. The Court considered the request and granted permission to withdraw the petition. It directed that any subsequent custody proceedings be filed in the appropriate forum and decided expeditiously, without being influenced by the withdrawal of this petition. The petition was consequently disposed of.

Issues considered

Whether a criminal writ petition for child custody may be withdrawn at the petitioner's request
Whether the withdrawal of such a petition should affect the merits of any later custody proceedings in family or civil court

Subjects

custody
family law
petition withdrawal
high court
criminal writ petition

Judgment

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          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               CRIMINAL APPELLATE JURISDICTION

                    CRIMINAL WRIT PETITION NO.3246 OF 2026

Neha Milindra Gautam                                      …..Petitioner
             Versus
State of Maharashtra
and others                                          .….Respondents
                                 -----
Mr. Saurabh Butala, Advocate a/w. Manvi Sharma and Harshada
Shrikhande, for the Petitioner.
Ms. Supriya Kak, APP for the Respondent No.1-State.
Mr. D.R. Mishra, Advocate a/w. Nanabhau Vharhate, for the Respondent
No.2.
                                 -----

                                      CORAM : SARANG V. KOTWAL &
                                              ASHISH S. CHAVAN, JJ.

                                      DATE    : 02nd JULY, 2026
                                                [IN CHAMBERS]
P.C. :

1.                    Learned Counsel for the Petitioner seeks permission to

withdraw this Petition with liberty to approach appropriate Forum

i.e. Family Court / Civil Court for custody of the child. He submitted

that observations be made that such proceedings be decided without

being influenced by withdrawal of this Petition.

2.                    Considering this request, permission is granted to

withdraw this Petition. The parties are at liberty to adopt appropriate

proceedings for custody before the Family Court / Civil Court in
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     Deshmane(PS)
                                                    :2:                         wp-3246-26.odt

                      accordance with law. If such proceedings are filed, they shall be

                      decided as early as possible in accordance with law without being

                      influenced by withdrawal of this Petition.

                      3.           The Petition is disposed of accordingly.




                      (ASHISH S. CHAVAN, J.)                       (SARANG V. KOTWAL, J.)



PRADIPKUMAR
PRAKASHRAO
DESHMANE

Digitally signed by
PRADIPKUMAR
PRAKASHRAO
DESHMANE
Date: 2026.07.03
11:51:59 +0530




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