$~80 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 17^th December, 2024 + W.P.(CRL) 3809/2024 SUZILIA MENYENG ANAK CHUAT .....Petitioner Through: Ms. Sumita Kapil, Ms Ishita Soni, Advs. (M- 9958584817) for High Commission of Malaysia.

Mr. Jefri Harun, the Second Secretary, High Commission of Malaysia.

versus GOVT OF NCT OF DELHI AND ORS & ANR. .....Respondents Through: Mr. Sanjay Lao, Standing Counsel (Crl.) for State with Ms. Priyam Aggarwal & Mr. Abhinav Kr. Arya, Advs.

Respondent no.4 in person Ms. Shaswati Parhi, Adv. for R-6/State of Bihar (M-8902491803).

CORAM:

JUSTICE PRATHIBA M. SINGH JUSTICE AMIT SHARMA Prathiba M. Singh, J. (Oral)

1. This hearing has been done through hybrid mode.

2. The present petition under Article 226 of the Constitution of India read with Section 528 of the BNSS has been filed on behalf of the Petitioner - Ms. Suzilia Menyeng Anak Chuat, who is a Malaysian citizen, seeking issuance of a writ in the nature of habeas corpus for production of her two minor sons. 3. The Respondent No. 4 - Mr. Deepak Kumar, husband of the Petitioner, is an Indian passport holder. However, both the children are Malaysian passport holders. Respondent No. 4 and the children are stated to be living in Bihar.

Signature Not Verified Digitally Signed

4. On 5th December, 2024, after hearing the ld. Counsels for the parties, the Court had directed as under:

“13. Heard the ld. Counsels. In view of the facts and circumstances of this case, it is deemed appropriate to implead the Ministry of External Affairs through its Secretary as Respondent No. 5. Accordingly, Mr. Anurag Ahluwalia, ld. Senior Counsel/CGSC is requested to accept notice on behalf of theMinistry of External Affairs. Further, the following directions are issued in this matter: -

i) The Child Welfare Committee (CWC) located in Patna shall immediately visit the residence of Respondent No. 4 and submit a report as to the safety, security, well being, nurturing and everyday schedule of the children of the Petitioner and Respondent No. 4 by the next date of hearing;

ii) The said report by CWC shall also contain the details of Respondent No.4 as well as the family members who are residing with him and who are taking care of the children. The CWC shall interact with the children in a comfortable environment within their own residence;

iii) The CWC shall submit its report to the concerned Secretary, State Legal Services Authority, Bihar who shall, then, file the said report before this Court through Mr. Manish Kumar, ld. Standing Counsel for the State of Bihar, who is appearing today;

14. Issue notice to the Respondent No.4 through Respondent No.3 - DGP Bihar through all permissible modes including electronic mail, if any, for production of children for the next date of hearing. Considering the age of the children and the health condition of the elder son, a CWC Member or any suitable support person/Counsellor shall accompany the children.”

Signature Not Verified Digitally Signed

5. Pursuant to the notice issued on 5th December, 2024, Respondent No.4/ husband and the children were present before the Court on 12th December, 2024. The Court had an in-chamber interaction with them. The older son – Master ‘B’ is an autistic child and was unable to communicate with the Court. The younger child is just about two years of age. Thus, the Court was unable to interact or ascertain any facts from both the children.

6. On 12th December, 2024, various allegations and counter-allegations were made by the Respondent No. 4/husband and by the Petitioner/wife through their respective ld. Counsels.

7. Further, the Court was informed that the Respondent No. 4/husband and children are living in Jehanabad, Bihar, which is the family home of the husband of Petitioner. The Respondent No.4/husband also confirmed that he has in his possession, his own passport as also the Malaysian passports of both the minor children.

8. Considering the order dated 19th November, 2024 of the High Court in Sabah and Sa