GAJANAN KHANWE vs UNION OF INDIA & ORS.

Judgment text excerpt

$~56 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 15th January, 2025 + W.P.(CRL) 99/2025 GAJANAN KHANWE .....Petitioner Through: Mr. Kanwar Udai Bhan Singh Sehrawat and Mr. Sanjiv Vasishta Advs. alongwith Petitioner in person and his daughter Akansha Khanwe through VC. versus UNION OF INDIA & ORS. .....Respondents Through: Ms. Nidhi Raman, CGSC with Mr. Zubin Singh and Mr. Akaash Mishra Advs. for R-1 & 2. (M:9891088658) CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE DHARMESH SHARMA Prathiba M. Singh, J. (Oral) 1. This hearing has been done through hybrid mode. CRL.M.A. 888/2025 (for exemption) 2. Allowed, subject to all just exceptions. Application is disposed of. W.P.(CRL) 99/2025 3. The present petition has been filed by the Petitioner - Mr. Gajanan Khanwe under Article 226 of the Constitution of India read with Section 528 of BNSS seeking issuance of a writ in the nature of habeas corpus for production of his daughter Ms. “AK” as also maternal grandson of about 17 months old. 4. The facts as stated in the petition are that Ms. AK was married to Mr. Signature Not Verified Digitally Signed W.P.(CRL) 99/2025 Page 1 of 4 By:DHIRENDER KUMAR Signing Date:16.01.2025 17:57 Akshay Raja Sinha – Respondent No.4, in Bhopal, Madhya Pradesh, on 16 th January, 2019. Immediately after the marriage, Ms. AK had moved to the United Kingdom along with her husband and was living in her matrimonial home. The couple was blessed with a baby boy on 19 th July, 2023, who was born in India. Both the mother i.e., Ms. AK and the child are Indian passport holders. In 2023, the Respondent No.4, is stated to have acquired citizenship in the United Kingdom and is in employment there. 5. Thereafter, it is stated that matrimonial discord took place between the parties. The allegation in the p