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

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.