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HIGH COURT OF DELHI
JUDGMENT
For the Petitioner : Mr. Talha Abdul Rahman, Ms. Gayatri Dahiya
Mr. M. Shaz Khan & Mr. Adnan Yousuf, Advocates.
For the Respondents : Mr. Sanjay Lao, Standing Counsel (Criminal) along with
Ms. Priyam Agarwal, Advocate.
Mr. Rakesh Kumar, Advocate for R-5.
HON'BLE MR. JUSTICE ANISH DAYAL
1. The present habeas corpus writ petition under Article 226 of the Constitution of India, read with Section 482 of the Code of Criminal Procedure, has been instituted on behalf of Mr. Saleem Uddin, the petitioner herein, praying as follows: ‘In light of the facts and circumstances of the case as enumerated above, it is most humbly prayed that this Hon’ble Court be most pleased to:
1. Issue a Writ of Habeas Corpus under Article 226 of the Constitution of India, 1949 or an order or direction in the nature of habeas corpus directing the Respondents to produce the son of the Petitioner, Mohd Huzaifa, and hand him over into the custody of the Petitioner.
2. And pass such other orders as may be necessary and in the interest of justice to protect the rights of the Petitioner.’ Brief facts of the Case:
2. Mr. Saleem Uddin, (herein referred to as petitioner) and Late Ms. Haira Parveen (herein referred to as mother of the child) were married in accordance with the procedure established by the Muslim personal laws (Date of Marriage being 11.09.2011). Out of this wedlock, Master Huzaifa (herein referred to as child), was born on 30.06.2012.
3. On 09.10.2019, the mother of the child was severely burnt in a fire accident, and was rushed to the L.N.J.P Hospital; where an FIR got registered, being FIR No. 0149/2019, Police Station Hauz Qazi. Unfortunately, the mother of the child succumbed to her injuries, and passed away on 12.10.2019.
4. After the unfortunate incident, the petitioner being the sole natural guardian of the child, took care of the child with utmost love and affection, single handedly. It is pertinent to note that the child was studying in Madrasa Hifzul Quraan Chhoti Masjid (herein referred to as ‘Madrasa’), a boarding educational institution, since 14.07.2019; and the petitioner paid the fees for the education of the child in a timely fashion and regularly visited him, as well.
5. However, on 24.03.2020, the petitioner was denied access to his child by the Madrasa, on the pretext that the Madrasa had received instructions from the maternal family of the child, to not let the petitioner meet with his child.
6. Thereafter, upon the announcement of the nation-wide lockdown during the COVID-19 pandemic, the petitioner contacted the Madrasa to receive the lawful custody of the child; but he was informed that Shah Jahan, the maternal aunt (Khaala) of the child/ respondent no. 5 herein, had taken the child away to her residence, in Seelampur, Delhi.
7. Since then, the petitioner had, on various occasions tried to meet his child, and at last, sought an efficacious legal remedy, by way of the present habeas corpus writ petition, praying for a direction to respondent no. 5, to produce his son, and hand-over his custody to him.
8. We have heard learned counsel appearing on behalf of the parties, at length, on various occasions.
9. Ever since the filing of the present habeas corpus writ petition, this Court has permitted the petitioner, to visit and interact with his child, including through video-conferencing, on various occasions.
10. The parties had also been granted liberty to take counseling sessions, which was agreed upon by them, so as to resolve all of their underlying disputes. A counselor associated with Delhi State Legal Services Authority, was appointed for the said purpose, vide order dated 20.12.2021.
11. Learned counsel appearing on behalf of the parties invite our attention to the Settlement Agreement (page no. 221 of the writ petition paper-book), dated 17.08.2023, arrived at between Mr. Saleem Uddin, the father of the child/the petitioner herein and Shah Jahan, the maternal aunt of the child/ respondent no. 5 herein, with the aid and assistance of Delhi High Court Mediation and Conciliation Centre, Delhi High Court. The same is placed on the record, along with the Mediation Report (page no. 219 of the writ petition paper-book) dated 02.08.2023.
12. For the sake of completeness, the Settlement Agreement dated 17.08.2023, is extracted herein below, in extenso:-
13. A perusal of the said Settlement Agreement reflects that both the parties have mutually agreed upon the terms and conditions specified therein.
14. A perusal of the abovementioned Settlement Agreement also reflects that the terms and conditions of the settlement arrived at, by and between the parties are legal and lawful; and the same be made the order of the Court. The Settlement Agreement is duly appended with the signatures of the parties; let the same be taken on record.
15. Accordingly we direct, that the parties shall remain bound by their reciprocal obligations, elaborated in the Settlement Agreement, dated 17.08.2023, and shall comply with the said terms and conditions, without demur.
16. No further relief is prayed for.
17. In view of the foregoing, the present habeas corpus writ petition is allowed, in the agreed terms and conditions.
18. Needless to state, that in the event of any apprehension or difficulty faced in relation to the compliance with the said Settlement Agreement, the parties are at liberty to approach this Court, by way of an appropriate application, in accordance with law.
19. With the above directions, the present habeas corpus writ petition is allowed; and disposed of accordingly.
20. Before parting with the order, we would like to record our deep appreciation towards the efforts made by Delhi High Court Mediation and Conciliation Centre, Delhi High Court, which led the parties to an amenable and peaceful settlement.
21. Copy of this judgment be uploaded on the website of this Court forthwith.
SIDDHARTH MRIDUL (JUDGE)
ANISH DAYAL (JUDGE) AUGUST 24, 2023 Aanchal Click here to check corrigendum, if any