* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 16^th February, 2026 Pronounced on: 11th March, 2026 + W.P.(CRL) 2988/2024 & CRL.M.A. 11271/2025, CRL.M.A.

11272/2025 YASIR AYAZ .....Petitioner Through: Mr. Khalid Akhtar, Mr. Maaz Akhtar, Mr. Abdullah Akhtar and Ms. Sana Anwar, Advs.

versus STATE OF NCT DELHI & ANR. .....Respondents Through: Mr. Sanjay Lao, Standing Counsel (Crl.) with Ms. Priyam Aggarwal, Mr. Aryan Sachdeva and Mr. Abhinav Kr. Arya, Advs.

SI Deval Shalkhlan, PS Bhajanpura Mr. Colin Gonsalves, Sr. Adv. with Mr. Manik Gupta, Mr. M. S. Khan, Ms. Neha Khan, Mr. Akbar Kaleem, Ms. Shaziya and Mr. Yasir Khan, 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 is filed by the petitioner/husband seeking issuance of a writ of Habeas Corpus directing Respondent No.2/mother of the minor children, to produce the children before this Court and further seeks a direction for their return to the United Kingdom in terms of orders passed by the High Court of Justice, Family Division, London.

Brief Facts

2. The petitioner/father and Respondent No.2/mother met in the United Kingdom in 2006 and after five years, they solemnized their marriage as per Islamic law in 2011 in the Kingdom of Saudi Arabia and registered their marriage in Swansea, United Kingdom in March 2012. Out of the wedlock, two sons were born- “AA” having DOB as 04^th March, 2014 and “MM” having DOB as 30^th August, 2018. Both the children are British nationals, having been born in the United Kingdom, and had been residing in the United Kingdom since their birth. The petitioner, being of Pakistani origin, was granted British Citizenship in 2016 and the Respondent No.2, in 2023, was granted leave to live indefinitely in the United Kingdom.

3. On 31^st August, 2023, with the consent of the petitioner, Respondent No.2 travelled to India with the minor children allegedly for a temporary visit/vacation on the false pretext of spending more time with family and attending wedding. The Respondent No.2, however, filed a custody petition bearing GP No. 47/2023 before the Karkardooma Courts, Delhi, India on 03^rd November, 2023.

4. Since the visa of the minor children was to expire on 06^th/07^th November, 2023, the petitioner, on 08^th November, 2023, acceded to the request of the Respondent No.2 for extension of visa for three months. The visa extension was granted, however, the Respondent No.2, allegedly, thereafter wrongfully retained the children in India and ceased communication with the petitioner.

5. The petitioner received summons from the learned Family Court, Karkardooma Courts, Delhi on 29^th January, 2024 to appear before the Court. Pursuant to this, the petitioner, on 23^rd February, 2024, moved an application before the High Court of Justice, Family Division, London [“U.K. High Court”], seeking return of his children to the United Kingdom, being British nationals.

6. The Respondent No.2, on 04^th April, 2024, sent her statement as reply to the U.K. High Court on the jurisdictional aspect of India being the appropriate forum. The U.K. High Court, passed an order dated 06^th June, 2024 regarding jurisdiction and forum conveniens. On 14^th August, 2024, the U.K. High Court, passed a detailed order declaring that the children, who are British Passport holders, shall remain ‘wards’ of the U.K. High Court.

7. The U.K. High Court, after final hearing, passed a return order dated 16^th August, 2024, directing that the minor children be returned to the petitioner/father in United Kingdom by 01^st September, 2024 on the ground that they are British nationals and that their habitual residence was in that jurisdiction. It was also observed that the appropriate forum is United Kingdom, not India.

8. Despite the return order, the Respondent No.2/mother along with the minor children has continued to reside in India with her sister and father and the