Full Judgment
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 31/2026 RAJU .....Petitioner Through: Ms. Hina Mahajan, Mr. Divyanshu Kumar, Mr. Arundeep Gahlot, Advs.
versus
THE STATE NCT OF DELHI AND ORS .....Respondents Through: Mr. Sanjay Lao, Standing Counsel (Crl.) with Mr. Abhinav Kr. Arya, Mr. Aryan Sachdeva, Advs. and SI Narendra Kumar, PS Maidan Garhi for State. Mr. Salim Malik, Ms. Anjana Rani, Mr. Shavana, Advs. for R-5.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
HON'BLE MR. JUSTICE RAVINDER DUDEJA
ORDER
% 01.04.2026 W.P.(CRL) 31/2026
1. This petition has been filed under Article 226 of the
Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking issuance of a Writ in the nature of Habeas Corpus for production of the minor daughter of the petitioner, Ms. XXX.
2. Ms. XXX has appeared before us in person. Admittedly, she is still a minor, however, she states that she has married the respondent no. 5, who is claimed to be a major. We have interacted with her in chamber. She has expressed threats at the hands of the petitioner and her mother. She has also specifically stated that she does not wish to reside with them.
3. The learned counsel for the respondent no. 5 submits that the custody of the minor girl, Ms. XXX, be handed over to and be retained by the respondent no. 5, who is her husband.
4. We have considered the submissions made. As the girl is a
minor, we direct that she be produced before the concerned Child Welfare Committee (CWC) by the Investigating Officer today itself, and appropriate directions for her care, protection and wellbeing in terms of the Juvenile Justice (Care and Protection of Children) Act, 2015, be passed by the CWC.
5. The petition is disposed of with the above directions.
6. Copy of this order be given dasti under the signatures of the Court Master. NAVIN CHAWLA, J RAVINDER DUDEJA, J APRIL 1, 2026/lks/na/Yg