G.S. Sistani, J.

1. By the present petition filed under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure the petitioner seeks a writ of habeas corpus thereby directing respondents to produce her minor child, namely, Sayyad Ashi @ Amma Jaan, whose custody has been illegally handed over to respondent no.4/NGO pursuant to the order passed by respondent no.3 on 16.5.2016, before this Court and handover her custody to the petitioner.

2. Pre-lunch, we had taken up this mater and issued directions to the State to produce the minor child before this Court today itself. We had also directed CWC, Mayur Vihar, Phase-I, Delhi, to depute a responsible officer to remain present in Court today. Respondent no.5 was also directed to remain present in Court.

3. As per the petition, when the minor child was four days’ old, her custody and guardianship was given by respondent no.5 to the petitioner and thereafter an Adoption Deed dated 13.10.2008 was executed, which was duly notarised on 16.10.2008, by which the petitioner adopted the minor child. A copy of the Adoption Deed and photographs of handing over of the minor child have been placed on record. Thereafter the petitioner along with the minor daughter shifted to Andhra Pradesh at her native place.

4. As per the petitioner, in the month of June, 2015, respondent no.5 made a complaint to Delhi Commission for Women alleging that the petitioner had kidnapped her minor child. Pursuant to the complaint made, the Delhi Commission for Women lodged an FIR under Section 363 of the Indian Penal Code at Police Station Kamla Market against the petitioner. Based on the said complaint, the petitioner and the child were brought to Delhi and they were interrogated. The Police upon verifying the Adoption Deed and Photographs of handing over the custody of the child, cancelled the FIR and a cancellation report was also filed. The petitioner and her minor child were also produced before the CWC, Mayur Vihar, Phase-I, Delhi. After perusal of the Adoption Deed and photographs, and upon being satisfied, CWC passed an order dated 19.10.2015 regarding the custody of the child in favour of the petitioner. A copy of the order dated 19.10.2015 was also supplied to the petitioner.

5. Subsequently, based on a newspaper report published in the Hindustan Times and on having learnt that respondent no.5 had filed a protest petition before the Metropolitan Magistrate, Tis Hazari Court, Delhi, against cancellation of aforestated FIR, the CWC suo motu again took up the matter and directed the petitioner and her minor child to remain present before them on 16.5.2016. On 16.5.2016, when the petitioner and her minor child appeared before CWC, Mayur Vihar, Phase-I, Delhi, the custody of the minor child was forcibly taken by CWC and handed over to respondent no.4 in the presence of respondent no.5. Presiding Officer of CWC also snatched the copy of the order dated 19.10.2015, which was previously passed by CWC, from the possession of the petitioner. The copy of the order dated 16.5.2016 was also not provided to the petitioner. In this backdrop the present petition has been filed.

6. Learned counsel for the petitioner submits that the CWC has exceeded its jurisdiction and the order of handing over the custody of the minor child to respondent no.4 is illegal and bad in law, more particularly, in the teeth of the Adoption Deed dated 13.10.2008. Learned counsel further submits that the CWC has failed to take into consideration that the minor child was living with the petitioner since when she was four days’ old; the minor child was admitted to the school at Andhra Pradesh, which was attended to by her till her custody was handed over to respondent no.4; and the child was staying with the family of the petitioner, which comprises of the petitioner and petitioner’s mother in Andhra Pradesh.

7. We have heard learned counsel for the parties, the petitioner, respondent no.5 and the minor ch