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2025 Supreme(Online)(Del) 2787
IN THE HIGH COURT OF DELHI AT NEW DELHI
Prathiba M. Singh, Dharmesh Sharma, JJ
CHIRAG ARORA – Appellant
Versus
THE STATE OF NCT OF DELHI & ANR. – Respondent
W.P.(CRL)-3918/2024
For the Appellants/Petitioners: Mr. Anant Mishra, Mr. Shashi Kant Pandey, Mr. Hritvik Verma, Mr. Rakshit Munjal & Ms. Ekta
For the Respondents: Mr. Sanjay Lao, Ms. Priyam Aggarwal, Mr. Abhinav Kumar Arya, Mr. Ankur Mahindroo, Mr. Mohit, Mr. Atul, Mr. Dinesh Sharma, Mr. Abhishek Chauhan
The court emphasizes child welfare in custody disputes by implementing interim shared parenting arrangements.
Headnote:The present petition has been filed under Article 226 seeking a writ in the nature of habeas corpus for the production of the petitioner's son. The petitioner claims custody based on an arrangement and a declaration signed by the wife; however, this is disputed. The Court observed significant interactions with both parties and determined an interim shared custody arrangement, emphasizing the child's best interests. The Court concludes by disposing of the petition and highlighting that parties may seek further remedies.
1. This hearing has been done through hybrid mode.
2. The present petition has been filed on behalf of the Petitioner-Chirag Arora under Article 226 of the Constitution of India read with Section 528 of the BNSS, 2023 seeking issuance of a writ in the nature of the habeas corpus for production of his 5 years old son.
3. According to the Petitioner, matrimonial disputes had arisen between W.P.(CRL) 3918/2024 Page 1 of 6 Signature Not Verified Digitally Signed him and his wife/Respondent No.2 and an arrangement was reached between them on 25th November, 2023. As per the arrangement, the custody of the child was given to the father. The Petitioner relies on a handwritten letter admittedly signed by the Respondent No.2/Wife
4. It is the case of the Petitioner that suddenly on 6th November, 2024, the wife/Respondent No. 2 picked up the child without the consent of the Petitioner from the school and refused to hand over custody of the child.
5. This position is disputed by the Respondent No.2 and according to her, she had taken the child on the said day from her matrimonial home with the knowledge of the Petitioner and his father. Subsequently, on 18th April, 2024 a complaint under Section 12 of the Protection of Women from Domestic Violence Act, 2005 was filed by the wife/Respondent No. 2 before the Magistrate, Mahila Court, North West, Delhi wherein custody of the child was also sought by her. The said complaint is still pending.
6. This Court has perused the declaration dated 25th November, 2023 signed by the wife/Respondent No. 2. The same reads as under:-
“I Vaishali Chauhan w/o Chirag Arora R/o of 34 BA block Ashok vihar, phase-1Delhi-52, today I came to my matrimonial house at BA-34B, phase-1 Ashok ihar, Delhi-52 to collect all my remaining clothes and other articles and to give the child custody voluntarily to my husband namely Chirag Arora I would like to further the declare as follow: -
I. Earlier I already to all my jewellery, Honda City car, jewellery gift to my husband by my family. (stree dhan) 2. That today I am voluntary providing my child namely Shivaansh Arora aged 4-year 7-months custody to my husband on condition of visiting right any two weekends in a month for the all the expenses of my child will be borne by my husband namely W.P.(CRL) 3918/2024 Page 2 of 6 Signature Not Verified Digitally Signed Chirag Arora
3. today I have collected the following articles from my matrimonial house (a) all jewellery (b) clothes (c) book (d) footwear
4. That all the above articles are return to me without any resistance and I am providing the child custody with my own will and without any pressure
5. that I further assure that neither me nor my family member will not create any hindrance regarding the child study provided by me today at my husband is your dad he will provide me the visiting right and discussed above the above disposal of our divorce proceedings.”
7. In view of the above declaration, the Court on the last date of hearing i.e., on 17th December, 2024, had directed Respondent No.2/Wife to produce the child before the Court.
8. Today, the Respondent No.2/Wife and the child have appeared before the Court. The Petitioner is also accompanied by his father. The Court has had in chamber interactions with the parties i.e., the Petitioner and his father and the wife and her son, who is about 5 years old.
9. The facts which have been gathered by the Court, on the basis of the interactions, are that the Petitioner and his father live together. The Petitioner is a practicing lawyer. His mother passed away 10 years ago. His father has retired from government service. They live in Ashok Vihar, which is the matrimonial home of the Respondent No.2/Wife as well. Due to matrimonial discord between the Petitioner and Respondent No.2/Wife, sometime in October, 2023, the Respondent No.2/Wife had left the matrimonial home and at that stage, she had signed a declaration that is extracted above. Thereafter, W.P.(CRL) 3918/2024 Page 3 of 6 Signatu
