$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010442582026 + W.P.(CRL) 2877/2026 H .....Petitioner Through: Mr.Furkan Ali Mirza & Mr.Kamran Azam, Advs. along with petitioner present in person. versus STATE OF NCT OF DELHI & ORS. .....Respondents Through: Mr.Sanjay Lao, Sr. Adv. & Mr.Aman Usman, APP for the State with Mr.Abhinav Kr. Arya & Aryan Sachdeva, Advs. along with Insp. Dharmendra, SI Mamta, PS Khyala. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MR. JUSTICE RAVINDER DUDEJA O R D E R % 17.09.2026 CRL.M.A. 28888/2026 (Exemption) 1. Allowed, subject to all just exceptions W.P.(CRL) 2877/2026 & CRL.M.A. 28887/2026 2. The present Writ 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, directing the respondents to produce the wife of the petitioner, Ms. A, who is presently lodged at Nirmal Chhaya, Hari Nagar, New Delhi. 3. The petition itself discloses that, facing abuse from her step- father, Ms. A had run away to Bihar, where she had married the 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 21/09/2026 at 11:24:17 petitioner as per Muslim rites and customs. From the said wedlock, it is alleged that they have also been blessed with a son. On a complaint made, the petitioner is presently facing prosecution in FIR No. 390/2024, PS Khyala (SC No. 648/2024), inter alia, under the relevant Section of Protection of Children from Sexual Offences Act, 2012. The petition states that Ms. A has been kept in Nirmal Chhaya since 2024. 4. In the trial faced by the petitioner, evidence is being recorded, and the same is being relied upon by the petitioner in the present petition. 5. The petition further discloses that an application filed by the petitioner under Section 94 of the Juvenile Justice (Care and Protection of Children) Act, 2015 stands dismissed by the learned Trial Court vide order dated 26.09.2025. The petition, however, does not disclose if the said order was ever challenged by the petitioner. 6. On a bare reading of the petition, we find that the petitioner is wanting to open a second forum to determine his defence in the trial. We shall not permit the process of this Court and the present proceedings to be misused for this purpose. 7. If the petitioner has any claim of Ms. A being a major or him being otherwise entitled to marry Ms. A as per Muslim rites and ceremonies, such a plea is to be taken by the petitioner before the learned Trial Court. 8. Accordingly, we refuse to exercise our extraordinary discretionary jurisdiction under Article 226 of the Constitution of India in the present case. 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 21/09/2026 at 11:24:17 9. The petition is accordingly dismissed, leaving it open to the petitioner to avail of his legal remedies in accordance with law. 10. The status report filed by the respondent nos.1 and 2 is taken on record. NAVIN CHAWLA, J RAVINDER DUDEJA, J SEPTEMBER 17, 2026/rv/hn 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 21/09/2026 at 11:24:17