VARUN MALHOTRA vs THE STATE OF NCT OF DELHI AND ORS

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 17th February, 2026 Pronounced on: 11th March, 2026 + W.P.(CRL) 2808/2025 & CRL.M.A. 5416/2026 VARUN MALHOTRA .....Petitioner Through: Mr. Anant Misra, Mr. Lokendra Dixit & Ms. Devika Gaur, Advs. versus THE STATE OF NCT OF DELHI AND ORS. .....Respondents Through: Mr. Sanjay Lao, Standing Counsel (Criminal) for State with Ms. Priyam Agarwal, Adv. along with SI Krishan Pal Singh, PS Mukherji Nagar, Delhi. Mr. Ankur Yadav, Mr. Vaibhav Maheshwari & Ms. Vrinda Goyal, Advs. for R-2. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MR. JUSTICE RAVINDER DUDEJA JUDGMENT RAVINDER DUDEJA, J. 1. The present writ petition under Article 226 of the Constitution of India has been filed by the petitioner/husband seeking issuance of a writ of Habeas Corpus directing Respondent No.2/mother to produce the minor son before this Court and further seeks a direction for his return to Canada. Factual Background 2. The present petition has been filed by the petitioner, alleging therein that the petitioner/father and respondent no. 2/mother got W.P.(CRL) 2808/2025 Page 1 of 15 Signature Not Verified Signed By:VAISHALI PRUTHI Signing Date:11.03.2026 16:15 married on 21st January, 2013 in Delhi according to Hindu rites and ceremonies. The petitioner relocated to Chicago, USA in December 2014 for the purpose of employment. Respondent No. 2 joined the petitioner in October 2017 in Chicago, USA. They stayed together in USA till 2020. On 21st November, 2019, they were blessed with a child namely Master ‘V’. In September 2020, the family relocated to Canada in pursuit of better opportunities as permanent residents. 3. It is alleged that in January 2023, the petitioner along with respondent No. 2 and the minor son travelled to Mexico to celebrate thei