Bombay HC seeks state government’s response on woman’s detention, orders release of 3 minor children to father

Bombay High Court orders release of three minor children to their father while seeking state’s response on their mother’s detention | PTI

Mumbai, July 4, 2026: The Bombay High Court has sought a response from the Maharashtra government over the detention of a woman alleged to be a Bangladeshi national and her three minor children, while ordering that the children be handed over to their father and none of them be deported until further orders.

The Court requests the State’s response

Hearing a habeas corpus petition filed by the woman’s husband, Mohammed Imran Rauf Khan, and her mother-in-law, Kanta Subaraliu Subbayya, a bench headed by Justice Sarang Kotwal said the state should justify its action by filing a formal response.

“The State of Maharashtra will have to justify its action by filing its reply,” the court observed in its interim order.

The petition challenges the detention of Sabina Mohammed Imran Khan and her three children by the Tilak Nagar police. According to the petitioners, Sabina was detained following allegations that she had overstayed her visa and faced deportation to Bangladesh.

They claimed that they were informed orally of the proposed deportation, but that no detention order, no deportation order, no show-cause notice or opportunity for a hearing was provided.

Petitioners challenge detention

The petition states that Sabina married Khan in Mumbai on September 30, 2011 and the couple have three children, all born in India. It says the family has documents including marriage certificate, Aadhaar cards, birth certificates, school records and ration card to establish their relationship and residency in India. The children study in recognized schools in Mumbai.

The petitioners’ lawyer, Raj Kamble, argued that neither Sabina nor the children had any criminal background and no criminal case had been filed against them. They claimed that their detention without due process violated Articles 14, 21 and 22 of the Constitution and the principles of natural justice.

During the hearing, Kamble also informed the court that one of the children, a five-year-old suffering from dengue, had been admitted to Sion Hospital and his family members were not allowed to meet him.

Additional prosecutor Kanti Hiwrale, however, argued that Sabina was an illegal immigrant and claimed that the children had also been classified as illegal immigrants.

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Interim relief granted

Pending the hearing, the High Court ordered that Sabina not be deported. She ordered that the three children be handed over to their father, on the condition that they do not leave the jurisdiction of the Tilak Nagar police station. The court also ordered that the children be allowed to meet their mother periodically at the detention center.

The case will be heard on July 21.

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