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2025 Supreme(Online)(Del) 2787

IN THE HIGH COURT OF DELHI AT NEW DELHI
JUSTICE PRATHIBA M. SINGH, JUSTICE DHARMESH SHARMA, JJ
CHIRAG ARORA – Appellant
Versus
THE STATE OF NCT OF DELHI & ANR. – Respondent


Advocates:
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

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

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