Delhi High Court Orders Temporary Custody Arrangement for Minor in Ongoing Matrimonial Dispute.
20 December 2024
Child Custody >> Family Law | Family dispute >> Family Law
The couple married in 2008 and later under the Special Marriage Act in 2012. They have a daughter born in 2017, who attended K.R. Mangalam Global School. The petitioner alleges that due to marital discord, she filed a domestic violence complaint against her husband on 19th October 2024. On 23rd October, when she planned to leave the marital home, the husband took their daughter to his parental home in Jharkhand without informing her of the child’s whereabouts.
The respondent, Mr. Mishra, stated that the child is safe and comfortable with him and his mother in Jharkhand, and that the child does not wish to meet the petitioner. He also alleged interference from the wife’s family. The petitioner refuted these allegations, claiming her daughter was forcefully taken from her, and that she works at the same school her daughter attends.
The matter has already been raised in a guardianship petition (G.P. No. 64/2024) before the Family Court in Saket, Delhi, which is scheduled for hearing in March 2025. Given this, the Court decided that a habeas corpus petition was not appropriate at this stage. It directed that the child be produced in the Guardianship Court on 3rd January 2025, where the court will consider interim arrangements. The petitioner also undertook not to pursue any coercive actions against the husband until the hearing.