Delhi High Court Orders Production of Minor in Unusual Custody Battle

In an intriguing custody case, the Delhi High Court has ordered the production of a minor child whose paternity is claimed by his uncle, a Kolkata resident. The uncle alleges his sister-in-law illegally took the child from him, who prefers to stay with the petitioner.

In a remarkable child custody dispute, the Delhi High Court has commanded the presentation of a minor boy, whose fatherhood is contested by his uncle. The court's directive came as the petitioner, residing in Kolkata with his wife, asserts that his sister-in-law has unlawfully taken the boy from his care.

The petitioner contends that he and his sister-in-law have two children, the younger of whom was forcibly removed from his custody in Bihar. The child has expressed his wish to stay with the petitioner. A division bench comprising Justices Prathiba M Singh and Amit Sharma issued an order for the child's production, who is currently at a Children's Home in Alipur, Delhi.

Represented by advocates Umesh Chandra Sharma and Dinesh Kumar, the petitioner seeks a writ of habeas corpus, stipulating the illegality of the child's detention by his sister-in-law. Despite unclear rules on such petitions' acceptability in custody cases, the plea was filed following a series of complaints and legal directives across multiple states.

The case's complexity is heightened by the petitioner's claim that the minor had lived with him in Kolkata for 12 years before being taken away during a vacation in Bihar. Correspondingly, complaints were lodged at local police stations in Bihar, initiating an administrative order for the child's placement in Delhi's Children Home for Boys.

On September 25, 2024, a status report presented by Standing Counsel Sanjay Lao reinforces the petitioner's case, quoting the minor's statement that he was forcibly brought to Delhi by his aunt. The bench subsequently mandated appearances by the petitioner, his legally wedded wife, and the sister-in-law at the next hearing, while allowing the petitioner visitation rights.

(With inputs from agencies.)