RAJA REKHI Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present criminal writ petition has been filed under Articles 226, 227 of the Constitution of India seeking issuance of a writ in the nature of Habeas Corpus, directing the official respondents to ensure release of Kabir Rekhi, minor son of the brother of the petitioner, from the illegal custody of respondent No.4.

(2.) Learned Senior counsel for the petitioner, inter alia, contends that the petitioner is uncle of the alleged detenu, who is aged about 12 years. On 24/4/2025, the father of the detenu namely Amit Rekhi was attending a business conference in Belgium when respondent No.4, mother of the detenu, broke into his office and stole the passport of the detenu. She woke the detenu in the wee hours of the day and took him away from his habitual residence. The petitioner called the police immediately but was met with a nonchalant response. Respondent No.4 had falsely told the police that she has merely taken the child for an hour to meet her parents in Delhi. However, her mother does not reside in Delhi. Further, she has not provided any details qua the whereabouts of the detenu to Amit Rekhi or the petitioner. Considering the fact that she took the detenu's passport with her, she intends to take him to Australia, where she is currently residing. The parents of the detenu are already in litigation qua custody of the detenu as a guardianship petition is pending adjudication before the learned Family Court, Gurugram.

(3.) Per contra, learned counsel for respondent No.4 contends that it was the detenu who called respondent No.4 requesting her to take him as his father had gone to Belgium, leaving him with the house help. Respondent No.4, being a mother, flew back from Australia, for the comfort of her child. Further, the screenshots of the call details as well as messages exchanged between the detenu and respondent No.4 would reflect the detenu himself had asked her to book tickets. Finally, respondent No.4 is also a guardian of the minor child and till the guardianship petition is decided, she is entitled to hold his custody.