A Writ of Habeas Corpus is an extraordinary remedy not maintainable for child custody disputes when ordinary legal remedies under guardianship laws are available; the court will not conduct detailed inquiries into the child's welfare or resolve factual custody disputes under Article 226.

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., Mrs. Gyan Kaur Mangat, on 16th August, 2018 filed a complaint before the Police Station, Hazrat Nizamuddin, Delhi stating that her daughter-in-law and both the grand children are missing after having gone to Sundar Nagar, Hazrat Nizamuddin. It was also stated that the nanny or househelp who had accompanied the missing persons had alone returned. The entire event was described by the Petitioner No. 2 to the Police.

6. The Police had investigated the matter and as per the status report dated 24th May, 2024 filed in Crl.Rev.P. 79/2024 being pursued by the Petitioner No. 1, which is on record, it was found that the Respondent No. 5 had left India on 16th August, 2018 along with her two children without intimation to the Petitioner No. 1. However, the status report also noted that an email had been sent by the Respondent No. 5 to Petitioner No. 1 sometime after her flight had taken-off.

7. It is stated that proceedings of domestic violence and divorce had taken place in the USA and it is the admitted position on record that the Petitioner and his wife are now divorced. Thereafter, since 2018 both the children are staying with the Respondent no. 5 in the USA.

8. The present petition has been filed in 2025 seeking habeas corpus and certain other prayers which are as under:

“a) Pass appropriate writs, orders or directions in the nature of habeas corpus qua #####, currently incarcerated with Respondent No. 5 at 1543 Delaware Street, Berkeley, California, USA 94703, praying that the minor child, ##### be physically produced before this Honorable Court by Respondent No. 5 forthwith, and if required, subject to mirror Orders being passed by the Superior Court of California, Alameda County, USA in Case No. HF19011485, strictly without prejudice to the rights of the Petitioner No. 1;

b) Pass appropriate writs, directions and orders qua Respondents Nos. 1 [Ministry of Home Affairs] and 3 [Delhi Police], whether under the Mutual Legal Assistance Treaty dated 17 October 2001 between the Republic of India and the Government of the USA, or otherwise in accordance with law, seeking to implement the Orders of this Honourable Court and if required, subject to mirror Orders being passed by the Superior Court of California, Alameda County, USA in Case No. HF19011485, strictly without prejudice to the rights of the Petitioner No. 1;

c) Pass appropriate Writs,