W.P.(CRL) 394/2025 $~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 394/2025 ZEESHAN AHMED .....Petitioner Through: Mr. Bilal Anwar Khan, Ms. Anshu Kapoor, Advs. alongwith Petitioner in Person. versus STATE (NCT OF DELHI) & ORS. .....Respondents Through: Mr. Sanjay Lao, Standing Counsel (Crl.) with Ms. Priyam Aggarwal & Mr. Abhinav Kumar Arya, Advs. with ASI Surender Singh, SI Shri Narayan Ojha & Insp. Ombin Singh, PS Hauz Qazi, Insp. Ravinder Singh & SI Akshay Dagar, PS Shaheen Bagh Respondent-in-person. CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE DHARMESH SHARMA O R D E R % 10.02.2025 1. This hearing has been done through hybrid mode. 2. The present petition has been filed by the Petitioner/Father – Mr. Zeeshan Ahmed under Article 226 of the Indian Constitution read with 528 BNSS, 2023, in the nature of habeas corpus seeking production of his minor son, who is less than 2 years of age. 3. According to the Petitioner, the son was taken away forcibly by the Respondent No.2/Mother and her family on 9th October, 2024. Various allegations have been made in the petition and certain CCTV footage is relied upon, to show that a commotion was created when the child was taken away. 4. On the last date of hearing i.e., 4th February, 2025, the Respondent No.2/Mother and the child were directed to be produced before the Court. 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 17/02/2025 at 17:37:41 W.P.(CRL) 394/2025 Today, they have appeared along with Respondent No.2’s brother. Petitioner has also appeared along with his mother and his brother. The Court has met them and had an in-chamber interaction with them. 5. The child is one and a half years old. Both the husband and the wife are well educated. The Petitioner is working in an IT Company and earns reasonably well. The Respondent No.2/Mother is also an M.Sc (Maths) and is working in the Department of Education. From the interaction which the Court has held with them, it appears that both the parties are willing to reconcile their differences and attempt an amicable settlement. 6. The child is being taken care of by the mother. He is also comfortable with the Dadi. The child being an infant at this stage, cannot be separated from the mother but the father is also entitled to meet the child. 7. Accordingly, in the above facts and circumstances, the following directions are issued: (i) The parties shall appear before a Ld. Mediator at the Delhi High Court Mediation and Conciliation Centre. The ld. Mediator shall also engage the services of a marriage/family counsellor for both the parties and try to resolve their differences. (ii) As an interim arrangement, the Petitioner/Father is free to pick up his son every Sunday around 10:00 AM and spend four to five hours with the child, in his own home in Okhla where his other family members also reside. (iii) The Respondent No.2/Mother can accompany the child during the said visits, if she so wishes. For the first two or three visits, the Investigating Officer or a lady constable from PS Okhla shall remain present at the residence of the Petitioner/Father to ensure 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 17/02/2025 at 17:37:41 W.P.(CRL) 394/2025 that there is no untoward incident. (iv) The RespondentNo.2/Mother and the Petitioner/Father as also the family members shall not indulge in any verbal abuse or any form of physical violence against each other during the visits. They have also assured the Court regarding the same. Anyone found violating this order, stringent action would be liable to be taken (v) For the living expenses of the child, the Petitioner/Father shall remit to RespondentNo.2/Mother a sum of Rs.10,000/- per month on or before 10th of every month. The expenses for February, 2025 shall be paid by 20th February. 8. If the matter is resolved, then the parties shall abide by the settlement, if not, the parties are free to avail of their remedies in accordance with law. If the matter is not settled between the parties, the above arrangement may be modified by any Court of competent jurisdiction. 9. On the coming Sunday, when the wife visits her matrimonial home, she is also free to pick up her personal belongings as also some of the child’s belongings, if any. 10. List before the Mediation Centre on 13th February, 2025. 11. The present petition is disposed of in the above terms. Pending applications, if any, are also disposed of. PRATHIBA M. SINGH, J. DHARMESH SHARMA, J FEBRUARY 10, 2025/gs/Am 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 17/02/2025 at 17:37:41