Dismissed¶¶28

Master Mf & Ors. v. State of NCT of Delhi & Ors.

Delhi HC13 Nov 2025W.P.(CRL)/3725/2025

Case brief

AI extract

What is this about?

Habeas corpus for minor children removed by mother with assistance of Embassy of Philippines; writ petition under Article 226 Constitution and Section 528 BNSS 2023; police inaction at PS Rohini; cross-border marriage (Dubai/UAE work visa; Philippine national wife; nikah 2022; registration 07.02.2024); mother's voluntary video-conference statement of custody and separation; petition withdrawn and dismissed; liberty to approach appropriate forum; rights and contentions reserved; Delhi High Court, 13 November 2025.

What did the court decide?

Petition dismissed as withdrawn at the request of learned counsel for the petitioners, with liberty to approach the appropriate forum/Court for an appropriate remedy in accordance with law; all rights and contentions of the parties reserved. ¶¶28

Master Mf & Ors. Vs State of NCT of Delhi & Ors. — Writ and Judicial Review | Delhi HC (2025)

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$~31

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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% Date of decision:13^th November,2025

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- W.P.(CRL) 3725/2025 & CRL.M.A. 33497/2025

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MASTER MF & ORS. .....Petitioners

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Through: Mr. Sorabh Dahiya, Mr. Khushboo, Advocates.

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versus

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STATE OF NCT OF DELHI & ORS. .....Respondents Through: Mr. Sanjay Lao, Standing Counsel for State with Ms. Priyam Agarwal, Mr. Abhinav Kumar Arya, Advocate with SI Rajesh Kumar, HC Pradeep, PS Vijay Vihar. Inspector Daljeet, SI Ajay, PS North Rohini. SI Rajesh Mr. Farman Ali, CGSC for UOI with Ms. Usha Mamnal, GP. Mr. Pranav Krishna with Mr. Jai Gopal Yadav, Advocates for respondent.

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CORAM:

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HON'BLE MR. JUSTICE VIVEK CHAUDHARY HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T

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Present petition has been filed under Article 226 of the Constitution of India read with Section 528 B.N.S.S., 2023 and petitioner No.3, inter alia , seeks directions in the nature of Habeas Corpus to the respondents to produce his minor sons who have been taken away by his wife.

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The facts of the case are that petitioner No. 3 was residing in Dubai, UAE, on a work visa, where he met and entered into a relationship with a Philippine national, Mrs. Emma Marco, in the year 2021, and thereafter

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Signature Not Verified

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W.P.(CRL) 3725/2025

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Digitally Signed By:SONIA THAPLIYAL Signing Da te:1 4.11.2025 16:41:19

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solemnized their marriage through a nikah ceremony in 2022. Their first son i.e. petitioner No.1, was born on 02.12.2022 in Philippines. The marriage was, later, formally registered on 07.02.2024.

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Subsequently, when Mrs. Marco conceived again, the couple decided to move to India permanently and their second son, i.e. petitioner No.2, was born on 29.06.2024 at Dr. Baba Saheb Ambedkar Hospital, New Delhi.

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In December 2024, due to certain marital differences between the couple, Mrs. Marco left the company of petitioner No.3, taking both children, i.e. petitioner Nos. 1 and 2, along with her on 23.12.2024. Petitioner No.3, later, learnt that she had contacted Embassy of Philippines and had left with the assistance of the Embassy.

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Petitioner No.3 addressed several letters to the Station House Officer, Police Station Rohini, regarding illegal removal of children from his custody and due to inaction on part of police, petitioner No.3 has filed the present petition.

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The wife of petitioner No.3 has joined the proceedings through video-conferencing. Upon Court query, she states that she is presently with the Embassy along with her minor sons. Being an educated woman, she, candidly, submits that she does not wish to live with her husband, i.e. petitioner No.3, and that both her sons are under her care and custody. She further affirms that she is making said statement voluntarily, of her own free will, and without any undue influence or coercion.

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