A writ of habeas corpus in child custody matters is maintainable only when detention is demonstrably illegal; where the child is in the custody of a natural guardian, the writ court should defer to the jurisdiction of competent Family Courts to decide custody based on the child's welfare.

SUMEET GOEL, J. (Oral)

1. The present petition has been filed under Article 226 of the Constitution of India seeking issuance of a writ in the nature of habeas corpus for production of the minor child, namely Nitara Gupta, aged about 9 years and for her release from the alleged illegal custody of respondent Nos.4 to 6. In addition thereto, ancillary reliefs, including appointment of a Warrant Officer and grant of interim custody have also been sought.

2. Shorn of non-essential details, the relevant factual matrix of the lis in hand is adumbrated, thus:

(i) The present petition arises out of a matrimonial dispute between the petitioner–mother and respondent No. 4–father concerning the custody and welfare of their minor daughter namely Nitara Gupta, aged about 9 years. It has been stated in the petition that the parties were married on 22.01.2014 and out of the said wedlock; a girl child namely Nitara Gupta was born on 06.12.2016. After the marriage, the parties resided together in Gurugram along with the paternal grandparents of the detenue until August 2024.

(ii) In August 2024, dispute(s) arose between the spouses, as a result of which the petitioner started residing separately from respondent No. 4 and his family. Since then, the minor child has been primarily residing with respondent No. 4-father and her paternal grandparents. It is not in dispute that no formal custody order has been passed by any competent Court, although multiple matrimonial and criminal proceedings are stated to be pending between the parties before the Courts at Gurugram and Delhi.

(iii) The petitioner has averred that despite separation, she maintained contact with the child and initially refrained from initiating formal custody proceedings in order to safeguard the emotional well-being of the child. However, she alleges that her access to the child was gradually curtailed and more subject to the discretion of respondent No. 4.

(iv) The grievance of the petitioner and the immediate cause for filing the present petition is stated to have arisen on 30.12.2025, when respondent No. 4 allegedly travelled abroad without informing the petitioner. On the same day, the minor child was allegedly picked up from the school bus stop by respondent No. 6, a business associate of respondent No. 4, in the presence of respondent No. 5 (paternal grandfather). The petitioner objected to the same and sought information regarding the whereabouts of the child and respondent No. 4. However, she allegedly did not receive satisfactory response(s). It has been further alleged that the child was thereafter kept away from her without consent and at an undisclosed location which give rise to apprehension regarding the safety and the possibility of being taken out of the country.

It is in this factual backdrop, the petitioner has invoked the writ jurisdiction of this Court seeking issuance of a writ of habeas corpus for production of the minor child and for grant of custody, alleging illegal and unlawful detention by respondent Nos.4 to 6.

3. The petitioner, who appears in person, has iterated that the present petition has been filed due to the illegal and unlawful custody of the minor child i.e. Nitara Gupta by respondent Nos.4 to 6. It has been contended that the petitioner, being the natural mother, has an inherent and indefeasible right to the care, custody and companionship of the minor child and the action(s) of the respondent Nos.4 to 6 in depriving her of such access are arbitrary and unlawful and against the welfare of the child. It has been further contended that respondent No. 4, without informing the petitioner, left the country on