MASTER MF & ORS. vs STATE OF NCT OF DELHI & ORS.

Judgment text excerpt

$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision:13th November,2025 + W.P.(CRL) 3725/2025 & CRL.M.A. 33497/2025 MASTER MF & ORS. .....Petitioners Through: Mr. Sorabh Dahiya, Mr. Khushboo, Advocates. versus STATE OF NCT OF DELHI & ORS. .....Respondents Through: Mr. Sanjay Lao, Standing Counsel for State with Ms. Priyam Agarwal, Mr. Abhinav Kumar Arya, Advocate with SI Rajesh Kumar, HC Pradeep, PS Vijay Vihar. Inspector Daljeet, SI Ajay, PS North Rohini. SI Rajesh Mr. Farman Ali, CGSC for UOI with Ms. Usha Mamnal, GP. Mr. Pranav Krishna with Mr. Jai Gopal Yadav, Advocates for respondent. CORAM: HON'BLE MR. JUSTICE VIVEK CHAUDHARY HON'BLE MR. JUSTICE MANOJ JAIN JUDGMENT 1. Present petition has been filed under Article 226 of the Constitution of India read with Section 528 B.N.S.S., 2023 and petitioner No.3, inter alia, seeks directions in the nature of Habeas Corpus to the respondents to produce his minor sons who have been taken away by his wife. 2. The facts of the case are that petitioner No. 3 was residing in Dubai, UAE, on a work visa, where he met and entered into a relationship with a Philippine national, Mrs. Emma Marco, in the year 2021, and thereafter Signature Not Verified Digitally Signed W.P.(CRL) 3725/2025 1 By:SONIA THAPLIYAL Signing Date:14.11.2025 16:41:19 solemnized their marriage through a nikah ceremony in 2022. Their first son i.e. petitioner No.1, was born on 02.12.2022 in Philippines. The marriage was, later, formally registered on 07.02.2024. 3. Subsequently, when Mrs. Marco conceived again, the couple decided to move to India permanently and their second son, i.e. petitioner No.2, was born on 29.06.2024 at Dr. Baba Saheb Ambedkar Hospital, New Delhi. 4. In December 2024, due to certain marital differences between the couple, Mrs. M