SHREE KIRTEE Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) The present writ petition under Article 226 of the Constitution of India has beeninstituted on behalf of Ms. Shree Kirtee (the petitioner herein), the divorced wife of Mr. Naveen Chandra - who are both advocates by profession, seeking a direction to the latter toproduce their 9-year-old son Master 'X' before this Court and further restore hiscustody to the petitioner in terms of the arrangement entered into between them at the time ofseeking dissolution of their marriage by a decree of divorce by mutual consent before the Courtof competent jurisdiction.

(2.) The facts as are necessary for the adjudication of the present writ petition are briefly enumerated as follows:

(3.) Having heard the parties, who are present before this Court in person, there is nomanner of doubt that at the time of obtaining a decree of divorce by mutual consent by their own freewill and volition, they entered into a legal and binding arrangement in relation to the custody/ visitation of their minor son. It is further evident that the terms and conditions in relation to the custody/visitation of the minor son has been complied with by the parties till 18/3/2023, after which respondent no. 2 took away the minor child on a false pretext of spending the daywith him.