The Delhi High Court has declined to order the repatriation of two minor children to the United Kingdom, underscoring that the custody arrangement with their mother, a natural guardian, is not deemed unlawful. The children, both British citizens born in the UK, traveled to India with their mother in August 2023, allegedly for a short visit, and have been living in Delhi since their arrival. The ruling was made by a Division Bench, which included Justices Navin Chawla and Ravinder Dudeja, who addressed a Habeas Corpus petition filed by Yasir Ayaz, a British citizen seeking the return of his children pursuant to an order from a UK Family Court.

Legal Proceedings and Custody Considerations

The court refrained from taking any actions regarding custody or repatriation, encouraging the involved parties to seek resolution through the appropriate Family Court. The Bench remarked that the petition aimed to transform the High Court into an executing forum for a foreign order, which is not permissible in custody disputes. It emphasized the existence of an alternate remedy available to the petitioner, who has an ongoing Guardianship Petition before the Family Court, where evidence can be presented and custody can be pursued formally. According to the High Court, allowing the current petition could lead to conflicting proceedings and might hinder the ongoing judicial process.

Court’s Findings on the Children’s Welfare

In its judgment issued on March 11, the High Court noted that it is undisputed that the children are currently living with their biological mother in Delhi. The court asserted that custody shared with a natural guardian, especially the mother, typically cannot be considered illegal, which would warrant the issuance of a Habeas Corpus writ. Justice Ravinder Dudeja indicated that such a writ is applicable only when the minor’s detention is deemed illegal or unauthorized.

Allegations and Background of the Case

The father sought a Habeas Corpus order for the production of his minor children along with directives concerning their custody and return to the UK. He referenced previous orders by the UK High Court mandating the children’s return, but the Delhi High Court clarified that while these orders are significant, they cannot be automatically enforced via Habeas Corpus proceedings. The welfare of the children must be assessed independently within the jurisdiction where they currently reside.

Living Conditions of the Minor Children

The court acknowledged that the children have been residing with their mother in a family-oriented environment in Delhi for over two years, attending school and adapting to local life. It expressed concern over the potential impact of abruptly uprooting them from their current circumstances without a thorough investigation into their welfare. Furthermore, the mother had already initiated legal proceedings for custody and guardianship of the children in the Family Court located in Karkardooma, Delhi.

Marital Background of the Parents

The case was presented through advocate Khalid Akhtar, revealing that the parents met in the UK in 2006 and later married in 2011 according to Islamic traditions in Saudi Arabia, with the marriage registered in Swansea, UK, in March 2012. They have two sons, born on March 4, 2014, and August 30, 2018, respectively, both of whom are British nationals. The father, originally of Pakistani descent, acquired British citizenship in 2016, while the mother received indefinite leave to remain in the UK in 2023. On August 31, 2023, with the father’s agreement, the mother traveled to India with the children under the pretense of visiting family and attending a wedding.

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