Delhi High Court: Forcible removal of minor child by parent to new place doesn’t make that place an ordinary residence

In the present case dealing with forcible removal of minor child by parent to new place, an appeal was filed by the wife challenging the order dated 15-4-2024, whereby the guardianship petition filed by the wife under Sections 7, 8, 9 and 25 of the Guardians and Wards Act, 1890 (‘G&W Act’) was rejected.

Further, the petition was also filed by the husband praying for a writ of Habeas Corpus, directing the production of the male minor child of the parties, and further seeking permission to take the minor child back to Arizona, USA. The Division Bench of Navin Chawla* and Renu Bhatnagar, JJ., stated that merely because the wife had decided to stay back in India and had got the minor child admitted to a school here, would not, make the minor child an ordinary resident of Delhi (India).

Such forceful removal/detention, even by a parent, at a place that is not the natural habitation of the minor child, would not render such other place the ordinary place of residence of the minor child. Thus, the Court dismissed the appeal. Further, regarding the petition, the Court passed certain directions and disposed of the petition.

[Sunaina Rao Kommineni v. Abhiram Balusu, 2025 SCC OnLine Del 4176].