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2075 DAILYLAW 6 (DEL)

KIRAN BALA v. STATE GOVT OF NCT OF DELHI & ORS.

W.P.(CRL)/2075/2026 · 2026-07-23

Navin Chawla, Ravinder Dudeja

Writ Petition (Criminal)body2075

Judgment text

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$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2075/2026 & CRL.M.A. 20832/2026 KIRAN BALA .....Petitioner Through: Mr. Nikhil Pillai, (DHCLSC), Mr. Athak Walia, Mr. Malvi Dedhia, Advs. with petitioner in person. versus STATE GOVT OF NCT OF DELHI & ORS. .....Respondents Through: Ms. Rupali Bandhopadhya, ASC with Mr. Abhijeet Kumar, Ms. Amisha Gupta, Advs. and SI Kishan Chand PS Uttam Nagar CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MR. JUSTICE RAVINDER DUDEJA O R D E R % 23.07.2026 1. This Writ petition has been filed under Article 226 of the Constitution of India read with Section 528 of the BNSS, 2023, seeking issuance of a Writ in the nature of Habeas Corpus, directing the respondents to produce the minor child of the petitioner, aged about 7 years, who was alleged to have been taken away by the respondent no. 2, the ex-husband of the petitioner/father of the minor child. 2. In the petition, it is alleged that while entering into a settlement for mutual divorce, one of the conditions that was agreed between the parties was that the custody of the minor child shall remain with 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 27/07/2026 at 15:43:54 petitioner while the respondent no. 2 shall have visitation rights. 3. It is alleged that on 22.06.2026, the respondent no. 2, under the guise of exercising visitation rights, removed the child and did not return the custody of the child to the petitioner, because of which now the minor child is missing his regular school. 4. On notice of this petition being issued and pursuant to our direction in the order dated 17.07.2026, the respondent no. 2 has appeared along with the minor child. He hands over the custody of the minor child to the petitioner. He, however, submits that as he was being denied proper visitation rights, he has filed an appropriate petition before the learned Family Court. 5. Without, in any manner, expressing any opinion on the allegations made by either of the parties, as the custody of the child now stands restored with the petitioner, the petition has served its purpose and is accordingly disposed of. NAVIN CHAWLA, J RAVINDER DUDEJA, J JULY 23, 2026/gs/sk/as 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 27/07/2026 at 15:43:54