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$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010259242026 + W.P.(CRL) 1775/2026 PANKIJA TEHLAN
.....Petitioner Through: Mr.Ankit Gaurav Kainth, Adv. (through VC) along with petitioner in person. versus STATE (NCT OF DELHI) & ORS. .....Respondents Through: Mr.Sanjay Lao, Sr. Adv. with Mr.Aman Usman, Ms.Priyam Agarwal & Mr.Aryan Sachdeva, Advs. along with SI Sachin, PS BHD Nagar. Mr.Raj Kr. Solanki, Adv. for R- 3 along with R-3 in person. CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MR. JUSTICE RAVINDER DUDEJA O R D E R %
09.09.2026
1. The present petition has been filed under Article 226 of the Constitution of India read with Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’), seeking issuance of a Writ in the nature of Habeas Corpus for production of Master X, the minor child of the petitioner, aged about 3 years. 2. The learned counsel for the petitioner prays for leave to withdraw the present petition, with liberty to approach the learned Family Court for appropriate relief. He, however, also prays that, in the interim, some visitation arrangement for the child be arrived at between the parties. 3. The respondent no. 3, who is present in person, undertakes that This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/09/2026 at 18:01:39
he will allow the petitioner to have a video call with the child every evening at 07:00 PM, if the same is made by the petitioner. He also undertakes that he will bring the child from Katihar, Bihar, where he is presently posted, to Delhi on the second Saturday of every alternate month to meet the petitioner. Similarly, the respondent no. 3 will allow the petitioner to meet the child, if she travels to Katihar, Bihar, on the second Saturday of every other alternate month. As the respondent no. 3 expresses certain safety concerns from the petitioner’s family, during such meetings, only the petitioner shall be allowed to meet the child and not any of her family members. For this month, respondent no. 3 shall bring the child to Delhi to meet the petitioner on 19.09.2026. The petitioner would be allowed to meet the child at Vegas Mall, Dwarka, for at least three hours.
He shall inform the petitioner in advance of the timings for the same. Similarly, when the petitioner travels to Katihar, Bihar, in terms of the above arrangement, she shall meet the child at IPG Mall, Katihar, Bihar, for at least three hours and, for such meeting, the petitioner shall inform the respondent no. 3 of the timings in advance. 4. We make it clear that the above arrangement is only interim in nature. In case either of the parties approaches the learned Family Court, the learned Family Court shall decide the issue of custody/visitation of the child on merits and without being influenced by the interim arrangement recorded above. 5. In view of the above, the petition is disposed of as withdrawn, with liberty to the petitioner to avail of the appropriate remedy, while also binding the parties to the above arrangement that has been agreed This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/09/2026 at 18:01:39
upon before us. NAVIN CHAWLA, J RAVINDER DUDEJA, J SEPTEMBER 9, 2026/rv/Yg This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/09/2026 at 18:01:39