NEW DELHI: In a perplexing child custody case, the Delhi High Court has ordered the production of a minor boy amid claims that his aunt, the sister-in-law of the petitioner, is his biological mother.
The child has expressed a desire to live with his father.
The petitioner, who resides in Kolkata with his wife and two children, alleges that his sister-in-law took their younger son from Bihar against his will. He filed a habeas corpus petition seeking the boy’s return, asserting that the child had always lived with him until the recent incident.
During Thursday’s hearing, the bench of Justices Prathiba M. Singh and Amit Sharma instructed authorities to produce the child, who is currently at the Children Home for Boys in Alipur, Delhi. The court also directed the sister-in-law to appear.
The petitioner, represented by advocates Umesh Chandra Sharma and Dinesh Kumar, emphasised that the child expressed a strong preference to return to his father’s custody. He detailed previous attempts to retrieve his son, including police complaints filed in Bihar earlier this year.
According to the petitioner, the child had been living with him in Kolkata for 12 years, and during a summer visit to Bihar, his sister-in-law took him.
The Child Welfare Committee (CWC) intervened, leading to the boy’s placement in the Children’s Home following various legal proceedings.
A recent status report submitted to the court noted that the minor had stated he was taken to Delhi against his will and wishes to return to his father.
The bench, acknowledging the case’s “peculiar“ circumstances, ordered the petitioner and his wife to attend future hearings to ensure the child’s best interests are prioritised.