W.P.(CRL) 1379/2025 $~57 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1379/2025 SMT SHIKHA KASLIWAL .....Petitioner Through: Mr. Praveen Kumar, Ms. Surbhi Sharma, Mr. Dilip Gupta, Mr. Kumar Shubham Kushwaha, Ms. Chahat Gupta and Ms. Vini Pandita, Advs. versus STATE OF NCT OF DELHI & ORS. .....Respondents Through: Mr. Sanjay Lao, Standing Counsel (Crl.) with Ms. Priyam Aggarwal, Mr. Abhinav Kr. Aryan and Mr. Aryan Sachdeva, Advocates. Mr. Prosenjeet Banerjee, Ms. Suruchi Kasliwal Multani, Ms. Ajunee Singh, Mr. Sarthak Bharadwaj, Ms. Anshika, Advocates along with Respondent No.3 in person. SI Sachin Kumar and Insp Rajeev CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD HON’BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR O R D E R % 29.04.2025 CRL.M.A. 12898/2025 (Exemption) Allowed, subject to all just exceptions. W.P.(CRL) 1379/2025 & CRL.M.A. 12897/2025 1. The present writ petition under Article 226 read with Article 21 of the Constitution of India has been filed by the Petitioner in nature of Habeas 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 30/04/2025 at 16:07:35 W.P.(CRL) 1379/2025 Corpus for a direction to be issued to the Respondents to produce the minor son of the Petitioner and restore him in the custody and care of the Petitioner. 2. The facts, in brief, as stated in the present petition are that the marriage between the Petitioner and Respondent No.3 was solemnized on 29.03.2009. Out of the said wedlock, two sons were born. Differences arose between the Petitioner and Respondent No.3. Respondent No.3 filed a petition being Habeas Corpus Petition No. 395/2024 before the High Court of Judicature for Rajasthan Bench at Jaipur stating that the children are in the illegal custody of the Petitioner/mother and that the custody of the children be given to him. 3. The Division Bench of High Court of Judicature for Rajasthan Bench at Jaipur vide Order dated 09.01.2025, after a detailed hearing, has held that the custody of the children with the Petitioner/mother was not an illegal custody and the Petitioner/mother is entitled to keep the custody of the children. The Order dated 09.01.2025 further discloses that the Division Bench had also interacted with both the children and both the children had expressed their desire to stay with the Petitioner/mother. Pursuant to the said Order dated 09.01.2025 passed by the Division Bench of High Court of Judicature for Rajasthan Bench at Jaipur, the children were staying with the Petitioner/mother. 4. It is stated in the present writ petition that in order to develop ties between the Respondent No.3/father and the children, both the children were sent to meet Respondent No.3/father, however, the Respondent No.3/father has only sent back the younger son to the Petitioner/mother and has kept the elder son with him. It is stated that the elder son is studying in Class – VII at 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 30/04/2025 at 16:07:35 W.P.(CRL) 1379/2025 KR Mangalam Global School, Greater Kailash, New Delhi and the examination of Class – VII is scheduled to take place from 01.05.2025 to 16.05.2025. 5. When this Court gave a suggestion to the learned Counsel appearing for the Petitioner that since Orders have been passed by the High Court of Judicature for Rajasthan Bench at Jaipur and the assertion is that the Order dated 09.01.2025 has been violated, it would be appropriate for the Petitioner to approach the High Court of Judicature for Rajasthan Bench at Jaipur, the learned Counsel for the Petitioner graciously accepts the suggestion made by this Court and seeks liberty to approach the High Court of Judicature for Rajasthan at Jaipur Bench for appropriate relief. 6. Liberty, as sought for, is granted. 7. However, keeping in mind that the examination of the elder child is scheduled to be held from 01.05.2025 to 16.05.2025, the Respondent No.3 is directed to ensure that child does not skip his examination and takes the examination as per the examination schedule. 8. With these observations, the petition is disposed of, along with pending application(s), if any. SUBRAMONIUM PRASAD, J HARISH VAIDYANATHAN SHANKAR, J APRIL 29, 2025 S. Zakir 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 30/04/2025 at 16:07:35