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IN THE HIGH COURT OF DELHI AT NEW DELHI
Navin Chawla, Ravinder Dudeja, JJ
Neelam Joshi – Appellant
Versus
State (Nct Of Delhi) – Respondent
| Table of Content |
|---|
| 1. factual background of matrimonial and custody disputes (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 2. arguments regarding maintainability of habeas corpus petitions (Para 11 , 15 , 16 , 17 , 18) |
| 3. assessment of child welfare and custodial suitability (Para 19 , 20 , 21 , 22) |
| 4. parens patriae jurisdiction in child custody (Para 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30) |
| 5. temporary custody and visitation order provided (Para 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38) |
NAVIN CHAWLA, J. (ORAL)
1. The present Writ Petition has been filed under Article 226 of the Constitution of India, read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking issuance of a Writ of Habeas Corpus, directing the respondents to produce the body of the two minor daughters of the petitioner, one aged 12 months and the second aged about 4 years and 9 months, respectively.
2. Briefly stated, the petitioner herein was married to the respondent no. 4 according to the Hindu rites and customs in Delhi on 10.03.2019. Pursuant to their marriage, matrimonial dispute arose between the said parties and the petitioner filed a written complaint to the Women’s Commission and the P.S. Ch
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