Delhi HC directs authorities to produce minor child in custody battle

New Delhi [India], September 27 : A peculiar child custody case has unfolded in the Delhi High Court, where a man claimed that his sister-in-law is the mother of his minor son. The court ordered the production of the child before it today.
The petitioner, married and living with his wife in Calcutta, has two children with his sister-in-law. He seeks custody of his younger son, who was allegedly taken from his care in Bihar by his sister-in-law. The child has expressed his desire to live with the petitioner.
The Delhi High Court on Thursday directed the authorities to produce a minor child before it on Friday. The order has been passed in plea of habeas corpus seeking production of his minor son. It is stated that the minor child is son of the petitioner and his sister-in-law.
Division bench of Justices Prathiba M Singh and Amit Sharma directed the authorities to produce the child, who is at Children Home for Boys at Alipur, Delhi. The bench also directed the sister-in-law to appear before the court.
The petitioner has moved a petition through advocate Umesh Chandra Sharma and Dinesh Kumar. A writ of habeas corpus can be used in child custody matters if it is proven that the detention of a minor by a parent or others was illegal and without authority of law. However, there is no hard and fast rule on the maintainability of a habeas corpus petition in child custody matters.
He is seeking issuance of direction for production of his minor son, who is currently residing in Children Home for Boys (CHB), in terms of order dated August 8, 2024, by the Child Welfare Committee-VI (CWC), North-West Delhi.
The bench noted in the order that the facts of this case are peculiar. The petitioner is stated to be married and living with his wife in Calcutta, along with their two children. It is stated by the Petitioner that Respondent No. 2 is his sister-in-law.
Further, it is also submitted that the petitioner has two sons from Respondent No. 2, and the
present petition has been filed seeking production of the younger son.
The petitioner said that his minor son lived in Kolkata along with him for the past 12 years, and that during summer vacations he along with his minor son were in Bihar, from where the said minor child was removed from his custody by Respondent No. 2 (sister-in-law).
Advocate Umesh Chandra Sharma submitted that a complaint was lodged by him on June 1, 2024 and June 4, 2024 at Police Station (PS) Roshara, Samastipur, Bihar.
It was also stated that the escort order dated July 29, 2024 was passed by the CWC, Hoogly
in West Bengal, and finally, by way of order of August 16, 2024, the CWC, Delhi has directed the concerned minor child to be placed in CHB, Alipur, Delhi.
It was argued by the petitioner that the said minor child has always lived with him and wishes to continue living with him. The minor child has, in fact, given a statement to this effect.
Standing counsel Sanjay Lao, handed over a status report dated September 25, 2024 authored by SHO, PS Shalimar Bagh, and the same is taken on record. As per the said status report, the statement of the child has been recorded before CWC, Kolkata, stating that he was forcibly taken to Delhi. He doesn't wish to live with respondent 2.
After considering the facts, the bench directed that the petitioner and his legally wedded wife shall also appear before the court on the next date of hearing.
It permitted the petitioner to meet the concerned minor child at CHB, Alipur.