Prathiba M. Singh, J. (Oral)

1. This hearing has been done through hybrid mode.

2. This is a habeas corpus petition filed by the Petitioners - Mr. Jasjit Singh Mangat and Mrs. Gyan Kaur Mangat seeking production of the minor son of Petitioner No. 1, who is currently residing in the United States of America along with his ex-wife, Respondent No. 5 - Ms. Preet Kaur Dhillon.

3. The brief background of the case is that the Petitioner was married to Respondent No. 5 on 21st July, 2003 in the USA as both the said parties were citizens of the USA at the relevant time. Thereafter, they travelled to India and on 4th July, 2005 a daughter was born to them.

4. The couple then had a son through a surrogate mother in the USA. It is the case of the Petitioner that Respondent No. 5 is not the biological mother or the legal mother of the son as per the law in India. However, it is not disputed that in all legal documents of the minor son such as passport etc., the Respondent No. 5 has been reflected as the mother. It is stated that the couple along with their children used to live in India and the elder daughter was studying in the Shri Ram School, Delhi.

5. The mother of the Petitioner No. 1 i.e