Delhi High Court – Orders
Priyanka Meena vs State Of Nct Of Delhi & Ors on 3 March, 2025
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~24
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 621/2025&CRL.M.A. 5760/2025
PRIYANKA MEENA .....Petitioner
Through: Mr. Rohit Gupta& Ms. Liza Arora,
Advs. with Petitioner in person.
versus
STATE OF NCT OF DELHI & ORS. .....Respondents
Through: Mr. Sanjay Lao, Standing
Counsel(Crl.) with Ms. Priyam
Aggarwal &Mr. Abhinav Arya, Advs.
with SIDurgesh, PS Dwarka North.
CORAM:
JUSTICE PRATHIBA M. SINGH
JUSTICE RAJNEESH KUMAR GUPTA
ORDER
% 03.03.2025
1. This hearing has been done through hybrid mode.
2. The present petition has been filed by the Petitioner under Article 226
of the Constitution of India read with Section 528 of Bharatiya Nagrik
Suraksha Sanhita, 2023 seeking issuance of a writ in the nature of habeas
corpus for the production of her three year’ old child, who is stated to be in the
custody of her husband and her in-laws.
3. It is stated in the petition that the Petitioner was married to the
Respondent No. 2-Sunil Kumar on 7th May, 2021. Thereafter, on 2nd
February, 2022 a child was born from the said wedlock. However, due to
various matrimonial disputes, on 2nd April, 2024 the Respondent No. 2 filed a
petition seeking divorce before the Court of Principal Judge, Family Court,
Mathura
4. It further stated that the Petitioner has been employed as a primary
teacher in Kendriya Vidyalaya Sangathan. She was teaching in Kendriya
W.P.(CRL) 621/2025 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 04/03/2025 at 22:06:45
Vidyalaya, Dwarka, Sector-5, after which she was transferred to Kendriya
Vidyalaya, Jindrah, Jammu, vide a transfer notification dated 26th June, 2024.
Further, she was again transferred to Agartala.
5. It is the case of the Petitioner that since the child is very small and she
did not wish to cause inconvenience to the child, the child was left in the care
of the husband upon her transfer. However, thereafter the husband and his
family did not allow the Petitioner to communicate with the child. Hence, the
present petition.
6. On 21st February, 2025 it was submitted on behalf of the Petitioner that
the child is neither with the husband nor with her and has been kept in
Mathura, Uttar Pradesh with the in-laws, thereby bereft of parental care. In
view thereof, the Court inter alia directed for the child and the husband to be
produced before the Court.
7. On the last date of hearing, i.e. 25th February 2025, the child and the
father did not appear before the court. Accordingly, the Court further directed
the concerned police officials to produce the father and the child on the next
date of hearing.
8. Today, the father and child have been produced before the Court. The
Petitioner is also present.
9. The Court has had an in-chamber interaction with the Petitioner and her
husband. The husband-Mr. Sunil lives in Dwarka, Delhi and his native place
is Mathura, Uttar Pradesh. He submits that he has already filed for divorce
under Section 13 of Hindu Marriage Act, 1955 in Mathura. The Petitioner is
stated to have filed a case under the Dowry Prohibition, Act 1961 in
Bharatpur, Rajasthan.
10. Clearly, they are having matrimonial discord.The wife, however, does
W.P.(CRL) 621/2025 Page 2 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 04/03/2025 at 22:06:45
not want to divorce the husband.The husband is saying that he is willing to
explore an amicable resolution.
11. According to the parties, the child has been with the father for the last
seven months approximately. The mother has not spent time with the child
since January, 2025.
12. After interacting with the parties, it is clear that the Petitioner is
working as a teacher in Kendriya Vidyalaya, Agartala. The husband is also
having a job of installation of milking machines in Delhi, etc. They are both
having matrimonial disputes.
13. The Court is of the opinion, after interacting with the parties, that a
Family Counsellor could help them resolve their disputes amicably.
14. Considering the nature of the matter, the following directions are
issued:
i. The child is three years of age and is not yet admitted in school.
Accordingly, in the month of March, the Petitioner/mother is free to
take the child to Agartala. She has assured the Court that while she
is working, her mother would be there to take care of the child at
home and she is fully equipped to take care of the child.
ii. The husband is free to pick up the child from Agartala on 31st
March, 2025/ 1st April, 2025 and keep the child with him in the
month of April.However, one lady family member of the husband,
shall be there to take care of the child along with the husband.
15. In this manner, the child shall spend time with the mother and the father
every alternate month.
16. The Delhi High Court Mediation and Conciliation Centre shall appoint
a Senior Mediator along with aFamily Counsellor who can counsel the couple
W.P.(CRL) 621/2025 Page 3 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 04/03/2025 at 22:06:46
and assist them in resolving their disputes.
17. If amicable settlement between the parties is not arrived at, the parties
are free to avail of their remedies in terms of law.
18. The above arrangement has been put in place by this Court as an
interim measure. However, if the matter is settled, the parties shall be bound
by the settlement arrived at, in respect of the custodyof the child as also
visitation rights. Further, if the matter is not settled, the above arrangement
shall be subject to any orders that may be passed by a competent court.
19. The Counsellor may permit either of the parties to also appear virtually
but an endeavour shall be made to attend the sessions physically. However, if
physical counselling takes place, the child shall also be produced.
20. Insofar as the picking up and dropping of the child from Delhi to
Agartala is concerned, the parties shall coordinate between each other to do
the same.
21. It is made clear that the parties shall not blockeach other’s phone
number and shall remain in touch with each other.When the child is with one
of the parents, regular audio or video calls shall also be done with the other
parent so as to ensure that the child does not feel separated from either parent.
22. The writ petition is disposed of in these terms with all pending
application(s), if any.
PRATHIBA M. SINGH, J.
RAJNEESH KUMAR GUPTA, J.
MARCH 3, 2025
Dj/ck/rks
W.P.(CRL) 621/2025 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 04/03/2025 at 22:06:46
[ad_1]
Source link