Father sought habeas writ claiming his two minor children were unlawfully detained by their mother. The Court held the remedy lay in pending Family Court guardianship petitions, not this writ petition, and disposed of it with liberty to seek expedited hearing.
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RAJ KUMAR PRAJAPATI .....Petitioner Through: Mr. S.K. Tiwary, Advocate.
versus
GNCT OF DELHI THROUGH SHO & ANR. .....Respondents Through: Mr. Sanjay Lao, Standing Counsel (Criminal) with Mr. Priyam Aggarwal, Mr. Abhinav Kumar Arya and Mr. Aryan Sachdeva, Advocates with SI Mahavir P.S. DBG Road.
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR
%
17.04.2025
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proceedings pending before the learned Trial Court. As such, this Court is of the opinion that the correct remedy available to the Petitioner is to proceed with the guardianship petitions which are pending before the Court of competent jurisdiction.
SUBRAMONIUM PRASAD, J.
HARISH VAIDYANATHAN SHANKAR, J.
APRIL 17, 2025/ AK
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 25/04/2025 at 11:09:49
1 issue framed by the court
Whether a father can use a writ petition to secure custody of minor children allegedly detained by their mother while guardianship petitions are pending before the Family Court.
2 provisions across 2 enactments
Raj Kumar Prajapati
GNCT of Delhi through SHO
Respondent No. 2
Subramonium Prasad
Harish Vaidyanathan Shankar
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
