Delhi HC dismisses jailed woman’s habeas plea after finding no proof her alleged child existed; mother says she wants no contact

The petitioner, then in custody in connection with an FIR, sought a writ of habeas corpus for production of her mother and alleged minor son, claiming that she could not contact them and that their whereabouts were unknown

The petitioner’s mother appeared before the Court, said she feared the petitioner and did not wish to remain in contact with her, and denied that the petitioner had a child

The Court directed police to verify whether the petitioner had given birth.

The police reported that neither the petitioner nor a person using the name “Harshita Chawla” had been admitted to the hospital identified by the petitioner, and no child had been born there; inquiries into the alleged husband’s identity and address also produced no confirmation

The Court also considered earlier orders recording inconsistencies in the petitioner’s account of her mother and child

1. Whether the petitioner established grounds for a writ of habeas corpus concerning her mother, who had appeared before the Court and stated that she did not wish to remain in contact with the petitioner

2. Whether the petitioner established that her alleged minor child existed and was missing so as to warrant further relief in the habeas corpus petition

The petition invoked the High Court’s jurisdiction under Article 226 of the Constitution of India and Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking a writ in the nature of habeas corpus

The Court’s decision applied that jurisdiction to the circumstances established on the record: the requested relief was not warranted where the mother had been traced and no evidence substantiated the alleged existence or disappearance of the child

The judgment cites no precedent or further doctrinal test.

The mother’s appearance and unequivocal statement that she did not wish to keep contact with the petitioner resolved the concern about her whereabouts; the Court had no basis to order her production or contact

As to the alleged child, the petitioner’s account was unsupported by the hospital inquiries, which found no admission or birth under either name provided, and inquiries did not verify the alleged husband or his address

Those findings, together with the inconsistencies noted in the earlier custody-bail proceedings, left no evidentiary basis for further habeas corpus relief

It therefore made no further order and disposed of the petition, leaving the petitioner to pursue any other remedies available in law.