MS MONIKA TIWARI vs THE STATE GNCTD AND ORS

Judgment text excerpt

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 01.09.2025 + W.P. (CRL) 2643/2025 MS MONIKA TIWARI .....Petitioner Through: Mr. Kuldeep Kumar and Syed Nilofar Akhtar, Advs. along with petitioner. versus THE STATE GNCTD AND ORS ....Respondents Through: Mr. Sanjay Lao, St. Counsel (Crl.) with Mr. Abhinav Kr. Arya, Mr. Aryam Sachdeva and Mr. Priyam Agarwal, Advs. with Inspector Manoj, PS Shalimar Bagh. Mr. Kushal Raj Gupta and Ms. Muskan Mahajan, Advs. for R- 5 & R-6 along with R-5 and the minor child ‘A’. CORAM: HON'BLE MR. JUSTICE VIVEK CHAUDHARY HON'BLE MS. JUSTICE SHALINDER KAUR VIVEK CHAUDHARY, J (ORAL) 1. The present petition, under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by the petitioner-mother, seeking issuance of writ of habeas corpus for the production and release of her Minor Son, Master ‘A’ from the illegal detention / custody of the Signature Not Verified Digitally Signed W.P. (CRL) 2643/2025 Page 1 of 5 By:RASHIM KAPOOR Signing Date:02.09.2025 12:23:18 respondents no. 5-father and 6. 2. Briefly stated, the facts are that the petitioner and the respondent no. 5 got married on 28.02.2017 at the Arya Samaj Mandir as per Hindu rites and rituals and started living together at Shalimar Bagh, Delhi. Out of their wedlock, only child, Master ‘A’ was born on 29.07.2021. 3. It is claimed by the petitioner that owing to matrimonial discord, she moved to live with her parents in Delhi. On 10.07.2025, while the petitioner was at Work / Office as part of her daily routine, the minor child was at home with the maternal grandmother during the day, however, on the said date, the respondent no.5 went to the maternal home of the petitioner and had illegally removed the minor