Delhi HC Orders Authorities To Produce Minor In Custody Battle

A peculiar child custody case has unfolded in the Delhi High Court, where a man claimed that his sister-in-law is the mother of his minor son. The court ordered the production of the child before it today.

The petitioner, married and living with his wife in Calcutta, has two children with his sister-in-law. He seeks custody of his younger son, who was allegedly taken from his care in Bihar by his sister-in-law. The child has expressed his desire to live with the petitioner.

The Delhi High Court, on Thursday, directed the authorities to produce the minor child before it on Friday. The order was passed in a plea of habeas corpus seeking the production of his minor son. It is stated that the minor child is the son of the petitioner and his sister-in-law.

A division bench of Justices Prathiba M. Singh and Amit Sharma directed the authorities to produce the child, who is currently at the Children Home for Boys in Alipur, Delhi. The bench also directed the sister-in-law to appear before the court.

The petitioner has moved a petition through advocates Umesh Chandra Sharma and Dinesh Kumar. A writ of habeas corpus can be used in child custody matters if it is proven that the detention of a minor by a parent or others was illegal and without authority of law. However, there is no hard and fast rule on the maintainability of a habeas corpus petition in child custody matters.

He is seeking the issuance of a direction for the production of his minor son, who is currently residing in the Children Home for Boys (CHB) in terms of an order dated August 8, 2024, by the Child Welfare Committee-VI (CWC), North-West Delhi.

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The bench noted in the order that the facts of this case are peculiar. The petitioner is stated to be married and living with his wife in Calcutta, along with their two children. It is submitted that the respondent is his sister-in-law.

Furthermore, it is also stated that the petitioner has two sons with the respondent, and the present petition has been filed seeking the production of the younger son. The petitioner mentioned that his minor son lived in Kolkata with him for the past 12 years, and that during summer vacations, he and his minor son were in Bihar, from where the minor child was removed from his custody by the respondent.

Advocate Umesh Chandra Sharma submitted that a complaint was lodged by the petitioner on June 1, 2024, and June 4, 2024, at Police Station (PS) Roshara, Samastipur, Bihar. It was also stated that the escort order dated July 29, 2024, was passed by the CWC, Hoogly, in West Bengal, and finally, by way of an order on August 16, 2024, the CWC, Delhi, directed the concerned minor child to be placed in CHB, Alipur, Delhi.

The petitioner argued that the minor child has always lived with him and wishes to continue living with him. In fact, the minor child has given a statement to this effect. Standing counsel Sanjay Lao handed over a status report dated September 25, 2024, authored by the SHO, PS Shalimar Bagh, which has been taken on record. As per the status report, the statement of the child was recorded before the CWC, Kolkata, stating that he was forcibly taken to Delhi and does not wish to live with the respondent.

After considering the facts, the bench directed that the petitioner and his legally wedded wife shall also appear before the court on the next date of hearing. It permitted the petitioner to meet the concerned minor child at CHB, Alipur.

(WITH INPUTS FROM ANI)

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