SULEKHA @ S PYARIMA Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) By the present petition filed under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure the petitioner seeks a writ of habeas corpus thereby directing respondents to produce her minor child, namely, Sayyad Ashi @ Amma Jaan, whose custody has been illegally handed over to respondent no.4/NGO pursuant to the order passed by respondent no.3 on 16.5.2016, before this Court and handover her custody to the petitioner.

(2.) Pre -lunch, we had taken up this mater and issued directions to the State to produce the minor child before this Court today itself. We had also directed CWC, Mayur Vihar, Phase -I, Delhi, to depute a responsible officer to remain present in Court today. Respondent no.5 was also directed to remain present in Court.

(3.) As per the petition, when the minor child was four days' old, her custody and guardianship was given by respondent no.5 to the petitioner and thereafter an Adoption Deed dated 13.10.2008 was executed, which was duly notarised on 16.10.2008, by which the petitioner adopted the minor child. A copy of the Adoption Deed and photographs of handing over of the minor child have been placed on record. Thereafter the petitioner along with the minor daughter shifted to Andhra Pradesh at her native place.