GOSAI BHAVIKABEN W.O.VIJAYGIRI vs VIJAYGIRI BABUGIRI GOSWAMI — 49/2026

Case under The Bharatiya Nagarik Suraksha Sanhita, 2023 Section 100. Disposed: Contested--REJECTED on 10th April 2026.

Case disposed

CRMA J - CRIMINAL MISC. APPLICATI- JMFC

CNR: GJGS040009122026

Filing Number

49/2026

Filing Date

28-Feb-2026

Registration No

49/2026

Registration Date

28-Feb-2026

Court

TALUKA COURT, UNA

Judge

2-2nd Addl. Sr. CIVIL Judge & A.C.J.M.

Decision Date

10-Apr-2026

Nature of Disposal

Contested--REJECTED

Last updated 07-Jun-2026

Acts & Sections

The Bharatiya Nagarik Suraksha Sanhita, 2023 Section 100

Petitioner(s)

  1. 1.GOSAI BHAVIKABEN W.O.VIJAYGIRI

    Adv. L J SOLANKI

Respondent(s)

  1. 1.VIJAYGIRI BABUGIRI GOSWAMI

Case History

  1. Case disposedDisposed

  2. 10-Apr-2026

    OrderView PDF

    Case Summary (CRMA 49/2026): The court dismissed the petitioner's application filed under BNS Section 100 seeking a search warrant against the respondent for the custody of her 2-year-old daughter. The respondent (father) submitted an affidavit confirming the child's custody is lawfully with him, that the parties were married on 10/02/2023, and he is properly caring for the child. The court held that since the child's custody lawfully rests with the father, it cannot be deemed illegal detention. While acknowledging that under the Hindu Minority and Guardianship Act 1956 Section 6(a) the mother is the natural guardian of children under 5 years, the court noted it lacks jurisdiction to determine custody matters under Section 100. Consequently, the petition was dismissed as not falling within Section 100's purview. This case analysis is maintained by casestatus.in based on publicly available court records.

  3. 10-Apr-2026

    Disposed

    2nd Addl. Sr. CIVIL Judge & A.C.J.M.

  4. 13-Mar-2026

    First hearing

    Initial hearing scheduled

  5. 28-Feb-2026

    Case filed

    Registration No. 49/2026

casestatus.in Summary

Case Summary (CRMA 49/2026): The court dismissed the petitioner's application filed under BNS Section 100 seeking a search warrant against the respondent for the custody of her 2-year-old daughter. The respondent (father) submitted an affidavit confirming the child's custody is lawfully with him, that the parties were married on 10/02/2023, and he is properly caring for the child. The court held that since the child's custody lawfully rests with the father, it cannot be deemed illegal detention. While acknowledging that under the Hindu Minority and Guardianship Act 1956 Section 6(a) the mother is the natural guardian of children under 5 years, the court noted it lacks jurisdiction to determine custody matters under Section 100. Consequently, the petition was dismissed as not falling within Section 100's purview. This case analysis is maintained by casestatus.in based on publicly available court records.

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