SH RAJEEV MASSEY AND ANR vs THE STATE NCT OF DELHI AND ORS

Judgment text excerpt

$~11 [25.11.2025] * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 26th November, 2025 + W.P.(CRL) 3631/2025 & CRL.M.A. 32663/2025 SH RAJEEV MASSEY AND ANR .....Petitioners Through: Mr. Vikas Bhatia and Ms. Jyoti Bhatia, Advocates with Petitioners (in-Persons). versus THE STATE NCT OF DELHI AND ORS .....Respondents Through: Mr. Sanjeev Bhandari, ASC (Crl.) with Mr. Arjit Sharma and Ms. Sakshi Jha, Advocates for State. SI Shubham Chaudhary, Spl. Staff, South-East. Mr. Amit Tiwari, CGSC with Ms. Ayushi Srivastava, Mr. Ayush Tanwar, Mr. Arpan Narewal and Mr. Kushagra Malik, Advocates for UOI. CORAM: HON'BLE MR. JUSTICE SANJEEV NARULA JUDGMENT SANJEEV NARULA, J. (Oral): [The matter has been taken up today as 25th November, 2025 was declared a holiday on account of 350th anniversary of “Guru Teg Bahadur’s Martyrdom Day”] 1. The Petitioners, who claim to be the adoptive parents of a minor baby girl in their care since she was 16 days old, have approached this Court Signature Not Verified Digitally Signed By:NITIN KAIN W.P.(CRL) 3631/2025 Page 1 of 12 Signing Date:28.11.2025 20:53:14 aggrieved by the action of the State and Child Welfare Committee1 in taking over the custody of the child. They invoke Article 226 of the Constitution of India and seek directions to the Respondents to restore the custody of the minor to them. 2. The Petitioners state that in September 2019, through a friend of Petitioner No. 2, they came to know that a 16-day-old baby girl at Agra was available for adoption, as the biological mother was allegedly not in a position to raise her. Since the Petitioners were unable to have a child of their own, they expressed willingness to adopt the baby and claim to have taken her in adoption according to Christian rites and rituals. They rely on photogr