* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 17^th February, 2026 Pronounced on: 11th March, 2026 + W.P.(CRL) 2808/2025 & CRL.M.A. 5416/2026 VARUN MALHOTRA .....Petitioner Through: Mr. Anant Misra, Mr. Lokendra Dixit & Ms. Devika Gaur, Advs. versus THE STATE OF NCT OF DELHI AND ORS. .....Respondents Through: Mr. Sanjay Lao, Standing Counsel (Criminal) for State with Ms. Priyam Agarwal, Adv. along with SI Krishan Pal Singh, PS Mukherji Nagar, Delhi.

Mr. Ankur Yadav, Mr. Vaibhav Maheshwari & Ms. Vrinda Goyal, Advs. for R-2.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MR. JUSTICE RAVINDER DUDEJA

J U D G M E N T

RAVINDER DUDEJA, J.

1. The present writ petition under Article 226 of the Constitution of India has been filed by the petitioner/husband seeking issuance of a writ of Habeas Corpus directing Respondent No.2/mother to produce the minor son before this Court and further seeks a direction for his return to Canada.

Factual Background

2. The present petition has been filed by the petitioner, alleging therein that the petitioner/father and respondent no. 2/mother got married on 21^st January, 2013 in Delhi according to Hindu rites and ceremonies. The petitioner relocated to Chicago, USA in December 2014 for the purpose of employment. Respondent No. 2 joined the petitioner in October 2017 in Chicago, USA. They stayed together in USA till 2020. On 21^st November, 2019, they were blessed with a child namely Master ‘V’. In September 2020, the family relocated to Canada in pursuit of better opportunities as permanent residents.

3. It is alleged that in January 2023, the petitioner along with respondent No. 2 and the minor son travelled to Mexico to celebrate their 10^th wedding anniversary. However, on 26^th January, 2023, upon receiving an information about the sudden demise of her elder sister- in-law, respondent No. 2 travelled from Mexico to India, leaving the minor child Master ‘V’ in the care and custody of the petitioner. It is further alleged that although, respondent No. 2 had initially indicated a short stay in India, she later extended it to three months to support her brother’s family. During this period, petitioner single-handedly managed all the parenting duties. Later, he also travelled to India with the child. In April, 2023, the couple along with their minor son and the petitioner’s mother, flew back to Canada.

4. It is alleged that matrimonial discord arose between the parties. On 25^th September, 2023, respondent No. 2 informed the petitioner regarding her resignation from her job in Canada and decided to live separately for a certain period. On 17^th October 2023, respondent No. 2 travelled to India with the minor child with the consent of the petitioner for a three week vacation to visit her family. On 06^th November, 2023, respondent No. 2 cancelled the return flight tickets scheduled for 07^th November, 2023 and did not return back.

5. During her stay in India, respondent No. 2 filed a complaint before the CAW Cell, alleging physical and mental harassment by the petitioner. She filed a Guardianship Petition bearing GP No. 1/2024 under section 25 of the Guardians and Wards Act, 1890 which is stated to be pending before the learned Family Court, Rohini District Court, Delhi. On 31^st December, 2023, an FIR No. 1044/2023 was registered at her instance under Sections 498A/406/34 of the Indian Penal Code, 1860 [“IPC”] at PS Mukherjee Nagar, Delhi against the petitioner and his mother. In January, 2024, she also filed a domestic violence complaint against the petitioner and his mother before the learned Chief Metropolitan Magistrate, North District, Rohini District Court, Delhi.

6. On 2^nd March, 2024, petitioner filed an application under Order VII Rule 11 of the Code of Civil Procedure, 1908 [“CPC”] for rejection of the Guardianship Petition filed by the respondent No.2, which is pending consideration before the learned Family Court, Delhi.

7. In March 2024, petitioner filed an urgent parenting application before the Ontar