W.P.(CRL) 1006/2024 1 $~30
* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 1st April, 2024
+ W.P.(CRL) 1006/2024 PARUL ALIAS PARUL SAPRA ..... Petitioner Through: M. F.K. Jha with Mr. Gaurav Jha, Advocates with petitioner in person. versus
STATE OF NCT OF DELHI & ANR. ..... Respondents
Through: Mr. Sanjay Lao, Standing Counsel (Crl.) with Mr. Shivesh Kaushik and Ms. Priyam Aggarwal, Advocates
with Inspr. Birender Singh and SI Deepak, PS Anand Vihar.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT HON'BLE MR. JUSTICE MANOJ JAIN
J U D G M E N T (oral) Crl.M.A.9569/2024 (exemption)
Exemption allowed subject to all just exceptions.
W.P.(CRL) 1006/2024
1. Present petition has been filed by the petitioner seeking following prayer:-
"issue a writ of habeas corpus thereby directing the respondents to produce minor son before this Honble Court and further direct them to restore the custody of minor Son to the petitioner, in the interest of justice."
2. Issue notice. Learned Addl. P.P. for the State accepts notice on
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behalf of the State and submits that son of the petitioner is present in Court with his father.
3. Son of the petitioner, who is 11 years old, is present in Court. We have interacted with him as well as his parents in open Court and in Chamber as well. The said child stated that earlier he was staying with his mother and aunt (mother's sister) where he was not treated well. He further stated that he made a plan to quit the house and one day, i.e. on 20.03.2024 when his aunt had given him Rs.200/- to bring some grocery items, he, after leaving the house, boarded a metro to go to his father's home at Gurugram where his father, grandfather and aunt reside. He states that he is already studying at DPS, Pataudi and is happily living with his father. Though he states that he does not know anything about the nature of dispute between his parents, he is ready to live with his mother only if she stays with his father at Gurugram. He further states he is not ready to go back to his mother, to her place, where she stays with her sister.
4. We have also interacted with the petitioner in chamber and she informed that her son, while leaving the home, took her mobile phone with him and on the way to Gurugram on Metro, he called her from said mobile phone and informed her that he was going to Pataudi at his father's place and told her not to search for him. On being asked, the son of the petitioner has also admitted said fact.
5. In view of the above, since the child has, on his own free will, has left the house and reiterates that he wishes to live with his father
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only, it is directed that the custody of the child, for the time being, shall remain with the father as there is no sufficient material to disclose that such custody was usurped by the father in some illegal manner. We may also say that our interaction with child does not suggest any tutoring either.
6. Accordingly, no further order is required to be passed in the present petition.
7. However, parties are at liberty to approach Family Court seeking custody/visitation rights. We are told that the petitioner has already filed a complaint of domestic violence before Rohini Court.
8. We may supplement here that the observations made hereinabove are tentative only and shall not prejudice the concerned Court while deciding issue of custody or visitation.
9. In view of the above, the petition is disposed of.
(SURESH KUMAR KAIT)
JUDGE
(MANOJ JAIN)
JUDGE
APRIL 1, 2024
st
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