CHIRAG ARORA vs THE STATE OF NCT OF DELHI & ANR.

Judgment text excerpt

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 23rd January, 2025 + W.P.(CRL) 3918/2024 CHIRAG ARORA .....Petitioner Through: Mr. Anant Mishra, Mr. Shashi Kant Pandey, Mr. Hritvik Verma, Mr. Rakshit Munjal & Ms. Ekta, Advs. with Petitioner and his father in person. (M:9878208413) versus THE STATE OF NCT OF DELHI & ANR. .....Respondents Through: Mr. Sanjay Lao, Standing Counsel (Crl.) with Ms. Priyam Aggarwal & Mr. Abhinav Kumar Arya, Advs., with Insp. Rajiv Kumar & SI Ajay PS Ashok Vihar. Mr. Ankur Mahindroo, Mr. Mohit, Mr. Atul, Mr. Dinesh Sharma and Mr. Abhishek Chauhan, Advs. for R-2 with R-2 and her son in person. CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE DHARMESH SHARMA Prathiba M. Singh, J. (Oral) 1. This hearing has been done through hybrid mode. 2. The present petition has been filed on behalf of the Petitioner-Chirag Arora under Article 226 of the Constitution of India read with Section 528 of the BNSS, 2023 seeking issuance of a writ in the nature of the habeas corpus for production of his 5 years old son. 3. According to the Petitioner, matrimonial disputes had arisen between Signature Not Verified W.P.(CRL) 3918/2024 Page 1 of 6 Digitally Signed By:RAHUL Signing Date:24.01.2025 19:50:48 him and his wife/Respondent No.2 and an arrangement was reached between them on 25th November, 2023. As per the arrangement, the custody of the child was given to the father. The Petitioner relies on a handwritten letter admittedly signed by the Respondent No.2/Wife 4. It is the case of the Petitioner that suddenly on 6th November, 2024, the wife/Respondent No. 2 picked up the child without the consent of the Petitioner from the school and refused to hand over custody of the child. 5. This position is disputed by the Respondent No.2 and according to her, she