Mother sought habeas corpus for her two minor children, alleging the father would take them to Dubai contrary to a settlement agreement. The Court restrained the father from moving the children outside Delhi NCR and from violating settlement terms until the next date in a pending contempt petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 3054/2024 & CRL.M.A. 29691-92/2024
Through: Mr. Saurabh Karan Singh & Ms. Kanika Jain, Advs.
versus
STATE OF NCT OF DELHI & ORS. .....Respondents
Through: Mr. Sanjay Lao, Standing Counsel (Crl.) with Ms. Priyam Aggarwal, Adv. for State.
CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE AMIT SHARMA
O R D E R % 01.10.2024
Page 1 of 4
W.P.(CRL) 3054/2024
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/10/2024 at 10:55:40
minor children will reside with the mother, i.e., the Petitioner and visitation rights were given to the father, i.e., Respondent no. 2 over the weekend.
“2. The Parties agree that the Passports, social security card and other identity cards except the Aadhar card, of both the minor children shall be kept in a Joint Locker to be operated jointly by both the Parties. Both the
Page 2 of 4
W.P.(CRL) 3054/2024
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/10/2024 at 10:55:40
Parties already have in their possession copies of the Aadhar Card of the minor Children. Xxx xxx xxx
8. The Parties agree that incase the minor Children have spent a holiday with either parent; the other parent will have right to take them out on a holiday within the same year exclusively that too when the minor children are having their School Holidays with prior intimation to the other Party provided the minor Children are returned back to the jurisdiction of New Delhi/NCR. While taking the minor children for spending half of their vacations, the Party accompanying the children for their holiday shall be liable to disclose the complete itinerary(air or other tickets, hotel or other place of stay) to the other Party well in advance from the date of the proposed travel. The custodial parent during such holiday shall be liable to facilitate video call/audio call/Whatsapp call with the non-custodial parent with the minor Children regularly so that the non-custodial parent gets virtual access with the minor Children during such holiday trips. The frequency of the same can be mutually decided by both the Parties.
9. It is agreed between the Parties that the minor Children shall reside with the Second Party in the rented home at New Delhi from Monday evening till Friday evening and the First Party shall pick up the minor Children from the tenanted accommodation at New Delhi on Friday evening and drop the minor Children back on Monday morning to their School when the schools become operational or till the time the school has classes online, then the First Party i.e. the Father shall drop the minor Children back to the tenanted home in New Delhi on Monday evening.
10. Both the Parties agree that Children shall have opportunities to interact with their respective grandparents in Delhi NCR.”
Page 3 of 4
W.P.(CRL) 3054/2024
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/10/2024 at 10:55:40
PRATHIBA M. SINGH, J
AMIT SHARMA, J
OCTOBER 01, 2024/ nk/rks/Pc
Page 4 of 4
W.P.(CRL) 3054/2024
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 05/10/2024 at 10:55:40
1 issue framed by the court
Whether the children should be protected from being removed from Delhi NCR pending hearing of the contempt petition regarding violation of the settlement agreement.
2 provisions across 2 enactments
Smita Guharoy
State of NCT of Delhi
Pratik Bose
Prathiba M. Singh
Amit Sharma
As recorded by the court registry
A constitutional writ petition in a criminal context, most commonly habeas corpus or a challenge to an FIR or detention order.
Judgements on the same questions, provisions and authorities, from every court
