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Bombay High Court

NAMRATA PANDURANG GAVASversusTHE STATE OF MAHARASHTRA THR THE SECRETARY AND OTHERS

Disposal
Allowed To be withdrawn

Holding

The court allowed the petition to be withdrawn with liberty to pursue appropriate custody proceedings.

Summary

The petitioner, Namrata Pandurang Gavas, filed a writ petition seeking custody of her children. She later applied to the court for permission to withdraw the petition and to pursue alternative custody proceedings. The petition was filed in the High Court of Judicature at Bombay, Circuit Bench at Kolhapur. The court considered the request for withdrawal and the liberty to adopt appropriate proceedings. No substantive merits of the custody claim were examined. The court disposed of the petition as withdrawn, granting the liberty sought. The order was signed by Justices Sharmila U. Deshmukh and Neeraj P. Dhote on August 29, 2026.

Issues considered

  • Whether the petitioner may be permitted to withdraw the writ petition and be granted liberty to pursue appropriate custody proceedings

Subjects

  • withdrawal of petition
  • child custody
  • writ petition
  • civil appellate jurisdiction
  • liberty to adopt proceedings

Judgment

                                                                                        39-WP-806-2026.doc


                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                               CIRCUIT BENCH AT KOLHAPUR
                                              CIVIL APPELLATE JURISDICTION

                                              WRIT PETITION NO. 806 OF 2026

                        Namrata Pandurang Gavas             ...Petitioner.
                                Versus
                        The State of Maharashtra and Others ...Respondents.
                                                    ——————
                        Mr. Chaitanya S. Kulkarni for the Petitioner.
                        Ms. Tejas J. Kapre, AGP for the Respondents-State.
                        Mr. Abhijeet B. Desai, i/b. Mr. Deepak G. Patil, for the Respondent No.5.
                                                          ——————
                                                            Coram :     Sharmila U. Deshmukh &
                                                                        Neeraj P. Dhote, JJ.
                                                            Date      : August 29, 2026.
                        P. C. :

                        1.        The learned counsel appearing for Petitioner, on instructions,

                        seeks leave to withdraw the petition with liberty to adopt an

                        appropriate proceedings for custody of the children.

                        2.        The Petition is disposed of as withdrawn, with liberty as prayed

                        for.



                         [Neeraj P. Dhote, J.]                           [Sharmila U. Deshmukh, J.]

           Digitally
           signed by
           RAJU
RAJU       DATTATRAYA
DATTATRAYA GAIKWAD
GAIKWAD    Date:
           2026.08.31
           12:23:34
           +0530




                        Gaikwad RD                           1 of 1


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