Poonam Vs Prashant Kumar & Ors. — Writ and Judicial Review | Delhi HC (2025)

Poonam Vs Prashant Kumar & Ors. — Writ and Judicial Review | Delhi HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of with directions: child produced before the Court; both children to remain with their respective parents maintaining status quo; exchange of addresses (including Petitioner's future Noida address); no blocking of calls and regular contact/video calls with both children; no violent or abusive behaviour; weekly weekend meetings between the siblings at a common public area including the Delhi High Court Mediation Centre; police not to harass either party; parties referred to the Delhi High Court Mediation and Conciliation Centre with appearance on 21.01.2025 at 3:00 PM; liberty to pursue legal remedies if mediation fails; all pending applications disposed of.

Issue for consideration

Whether a writ in the nature of habeas corpus should be issued for the production of the Petitioner's three-year-old son, allegedly taken away by her husband, Respondent No. 1.

Court's answer

In the present habeas corpus petition concerning the minor child, the Court is concerned only with the welfare and well-being of the child, and has not gone into the various allegations made by the Petitioner against her husband's family.

Ratio / Principle

Both children shall stay with their respective parents and maintain the present status quo; if either parent wishes to visit the other child, the same shall be facilitated and not prevented, and the family members of both spouses shall cooperate.

Key takeaways

The Petitioner and the Respondent shall exchange their respective present addresses, and the Petitioner shall also give her future address of Noida to the Respondent.ratio¶33
Neither spouse shall block the other on their phones; both shall remain in regular touch with both children, including by video calls with the children in the other spouse's custody, and neither shall prevent the other from being in touch with the children.ratio¶34
Since the husband wishes to continue the marriage but the Petitioner clearly does not, the parties are referred to the Delhi High Court Mediation and Conciliation Centre for amicable resolution of their disputes, and are directed to appear before the Mediation Centre on 21st January, 2025 at 3:00 PM.

Detailed headnote1 paragraphs

Habeas corpus (W.P.(CRL) 4008/2024, decided 14.01.2025, Prathiba M. Singh & Amit Mahajan, JJ.) filed by mother under Article 226 of the Constitution read with Section 528 BNSS seeking production of her three-year-old son allegedly taken away by her husband (Respondent No.1). Pursuant to the Court's earlier direction dated 20.12.2024, the father produced the child. Holding itself concerned only with the welfare and well-being of the child and not with the allegations against the husband's family, the Court disposed of the petition with directions: both children (daughter aged ~5 years with the mother, son aged ~3.5 years with the father) to remain with their respective parents maintaining status quo, with visits between parent and child to be facilitated; exchange of present and future addresses; no blocking of calls and regular contact including video calls with the children in the other spouse's custody; no violent or abusive behaviour by either party or their families; the two children to meet every weekend at a common public area including the Delhi High Court Mediation Centre; police not to harass either party; parties referred to the Delhi High Court Mediation and Conciliation Centre, to appear on 21.01.2025 at 3:00 PM; liberty to pursue remedies in accordance with law if mediation fails. All pending applications disposed of.

$~21

IN THE HIGH COURT OF DELHI AT NEW DELHI

W.P.(CRL) 4008/2024 & CRL.M.As.38653/2024, 822/2025

POONAM .....Petitioner

Through: Ms. Rupali Francesca Samuel & Ms. Aparmita Pratap, Advs. with Petitioner in person.

versus

PRASHANT KUMAR & ORS. .....Respondent Through: Respondent No.1 in person. Mr. Sanjay Lao, Standing Counsel (Criminal) with Ms. Priyam Agarwal & Mr. Abinav Kumar Arya, Advs., Insp. Ganesh PS Badarpur.

CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE AMIT MAHAJAN

O R D E R

% 14.01.2025

This hearing has been done through hybrid mode.

The present petition has been filed on behalf of the Petitioner-Poonam under Article 226 of the Constitution of India read with Section 528 of the BNSS seeking a writ in the nature of habeas corpus for the production of her three-year-old son, who has allegedly been taken away by her husband i.e. Respondent No. 1.

There are various allegations being made by the Petitioner against her husband’s family, which the Court has not gone into. However, in the present case, the Court is concerned only with the welfare and well-being of the child.

On the last date of hearing i.e. 20^th December, 2024, the ld. Counsel appearing on behalf of the State submitted that the husband lives in Noida and

W.P.(CRL) 4008/2024

Page 1 of 4

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 02/07/2025 at 00:32:06

the child is in Mainpuri, Uttar Pradesh with his paternal grandparents.

Considering this position, the Court on 20th December, 2024 directed the following:

“4. The ld. Counsel appearing for the State has submitted that upon inquiry from the husband, it has been revealed that the husband lives in Noida but the child is now in Mainpuri, Uttar Pradesh with his paternal grandparents.

5. Considering this position, let the child be produced on the next date of hearing along with the father.

6. List on 14th January, 2025.

7. In the meantime, the father shall ensure that at least one video call is made on a daily basis in which the child is made to speak with the mother for fifteen minutes.

8. This order shall be communicated to the father by the concerned IO.”

Accordingly, today, the Respondent No.1 – Mr. Prashant Kumar, the husband of the Petitioner has appeared with his three and a half years old son. The Petitioner is also present. The Court has had an in-chamber interaction with the parties present.

The facts that have emerged during the chamber interaction are that the couple has two children i.e. one daughter of approximately 5 years of age and a son who is about three and a half years of age. The daughter is in the custody of the Petitioner-mother and the son is in the custody of the Respondent No.1father.

It is further stated by the parties present that the Respondent is working as an electrician (lineman) and living in Noida along with his mother and brothers. The Petitioner currently lives in Badarpur with her parents and other

W.P.(CRL) 4008/2024

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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 02/07/2025 at 00:32:06

family members along with her daughter. She has made a statement that she is going to shift to Noida. She states that she is working in LGM company in Noida.

The Court, having seen the son of the couple, is of the opinion that he is quite comfortable with the father. The mother has also met the son. In these facts and circumstances, the following directions are issued:

(i) The Petitioner and the Respondent shall exchange their respective present addresses. The Petitioner shall also give her future address of Noida to the Respondent.

(ii) Neither of them would block each other on their respective phones and they would be in touch with both the children regularly. Neither of them would prevent the other from being in touch with the children and shall even have video calls with the children, in the custody of the other spouse;

(iii) It is expressed by the husband that he wishes to continue the marriage but the Petitioner is clear and categorical that she does not wish to continue the marriage. In these circumstances, the parties are directed to try to amicably resolve their disputes through mediation. Accordingly, the parties are referred to the Delhi High Court Mediation and Conciliation Centre for amicable resolution of their disputes.

(iv) Both the children shall stay with their respective parents and maintain the present status quo. If either of the parents wish to visit the other child, the same would be facilitated and shall not be prevented in any other manner. Even the family members of both the husband and wife shall cooperate.

Page 3 of 4

W.P.(CRL) 4008/2024

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 02/07/2025 at 00:32:06

(v) Both the parties are directed not to indulge in any violent or abusive behaviour with each other or against the members of each other’s families.

(vi) Since it appears that the children involved herein are quite young, to keep them in touch with each other, the Petitioner and Respondent shall ensure that both the children meet each other on every weekend, at a common public area including the Delhi High Court Mediation Centre, where the children can play and spend time with each other.

(vii) The concerned police officials shall ensure that they do not cause any harassment to either of the parties.

(viii)The parties are directed to appear before the Mediation Centre on 21st January, 2025 at 3:00 PM.

In case the mediation fails, the parties are free to avail their remedies in accordance with law.

The present petition is disposed of in these terms. All pending applications are also disposed of.

PRATHIBA M. SINGH, J

AMIT MAHAJAN, J

JANUARY 14, 2025/ dk/rks

W.P.(CRL) 4008/2024

Page 4 of 4

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 02/07/2025 at 00:32:06