$~41 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 631/2025 MRS AMBIKA MEENA .....Petitioner Through: Mr. Jaspreet Singh Rai, Mr. Rohit Nagpal, Mr. Linoy Varghese and Mr. Krish Mahajan, Mr. Pratik Sahai Advs. (M: 9810418112) with Petitioner in person. versus STATE GOVT OF NCT OF DELHI .....Respondent Through: Mr. Sanjay Lao, Standing Counsel (Crl.) with Ms. Priyam Aggarwal & Mr. Abhinav Kumar Arya, Advs. with Insp. Rajiv Kumar, P.S. Ashok Vihar. CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE RAJNEESH KUMAR GUPTA O R D E R % 10.03.2025 1. This hearing has been done through hybrid mode. 2. The present petition has been filed by the Petitioner - Mrs. Ambika Meena under Article 226 of the Constitution of India seeking issuance of a writ in the nature of habeas corpus for production of her 16 months’ old minor son, who according to her, had been taken by her husband from the Child Care Centre. The petition was disposed of vide order dated 24th February, 2025 with consent of parties and an arrangement for shared parenting was put in place after an in-chamber interaction. 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 01:13:01 CRL.M.A.7485/2025 (for modification and recall of order dated 24th February, 2025) & CRL.M.A. 7486/2025 (for impleadment) in W.P.(CRL) 631/2025 3. The present applications have been filed under Section 528 of BNSS, 2023 seeking modification and recall of order dated 24th February, 2025 and impleadment of the Husband of the Petitioner as Respondent No.2 respectively. The Court has considered the matter. 4. On the last date of hearing, i.e. 24th February 2025, this Court passed the following interim arrangement with the consent of the parties: “13. It is further stated that the husband and wife are both working in Delhi. The house where they have been residing together in i.e., 65-B, KD Block, First Floor, Phase-I, Ashok Vihar, North West Delhi, Delhi-110052 is in the name of the wife but substantial contribution is stated to have been made by the husband. 14. The Petitioner/wife is willing to shift to a nearby accommodation so that the child can be under the ‘shared parenting’. Once the wife shifts to the nearby accommodation, the husband may move into the said Ashok Vihar flat along with his parents. 15. The following interim arrangement is, accordingly, being put in place with the consent of parties. (i) The wife shall move into a new accommodation nearby, within a maximum period of thirty days; (ii) The husband shall pay to the wife a sum of Rs.15,000/- per month (to be paid by 15th of every month) towards reimbursement of expenses, including the household expenses and rent for the accommodation; 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 01:13:01 (iii) The mother shall drop the child to the husband's residence in the morning, before going to school, at around 07:30-08:00 am. She can thereafter, pick up the child from the husband’s residence, on her way back from school; (iv) On the second and fourth Saturday of each month, the child shall spend the whole day with the father. If the visitation is to be increased, the parties may approach the appropriate Court for the said purpose.” 5. The order dated 24th February, 2025 was passed after considering the various aspects including the fact that the couple was not willing to stay together in the same home. The Court was also conscious of the fact that the home, where they were living together, was purchased by the joint contribution of the husband and the wife. In fact, the paternal grand-parents (dada-dadi) have to move from their native village, to the Ashok Vihar flat i.e., 65-B, KD Block, First Floor, Phase-I, Ashok Vihar, North West Delhi, Delhi-110052, in order to take care of the child as both the husband and wife are working. The arrangement was put in place with the consent of the parties, and the Petitioner now submits that she cannot move to a nearby tenanted premises as she is used to living in this flat and she is also paying the EMIs. She submits that she has no objection if her mother in law also comes and lives in the same flat as there are two bedrooms. In effect the arrangement is sought to be resiled from by filing this application. 6. None appears for the husband. The Court is not inclined to modify the arrangement unless the husband is also willing to give consent for a modified arrangement. 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 01:13:01 7. The Petitioner may approach the concerned Family Court for modification, if so advised and if not, the husband and the wife may file a joint application for modification of the arrangement, which would then be considered by the Court. 8. Accordingly, the applications for modification and impleadment are disposed of. PRATHIBA M. SINGH, J. RAJNEESH KUMAR GUPTA, J. MARCH 10, 2025/mr/ck 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 01:13:01