Mother filed a habeas corpus writ seeking custody of her minor daughter, lodged with a juvenile aid centre after a POCSO case against the child's uncle. The court found no illegal custody and directed the mother to seek custody before the Child Welfare Committee, to be decided within four weeks.
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S MOTHER OF VICTIM M .....Petitioner Through: Mr. Ujwal Ghai, Advocate.
versus
STATE (NCT OF DELHI) & ORS. .....Respondents Through: Mr. Sanjay Lao, Standing Counsel (Criminal) with Ms. Priyam Agrawal and Mr. Abhinav Kumar Arya, Advocates for the State with Insp. Puneet Bharti, P.S. Kalindi Kunj.
Mr. Vikas Kumar, Advocate through video conferencing.
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR
Crl.M.A. No. 18217/2025 (for exemption)
Exemption allowed, subject to all just exceptions.
The application stands disposed of.
W.P.(CRL) 1945/2025
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 07/07/2025 at 12:17:28
the minor child was given to the husband of the Petitioner.
SUBRAMONIUM PRASAD, J.
HARISH VAIDYANATHAN SHANKAR, J.
JULY 01, 2025/ AK/VA
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 07/07/2025 at 12:17:28
1 issue framed by the court
Is the minor child in illegal custody of Respondent no. 2 (JAC), warranting habeas corpus relief?
4 provisions across 4 enactments
S, Mother of Victim M
State (NCT of Delhi)
Prayas Juvenile Aid Centre (JAC)
Subramonium Prasad
Harish Vaidyanathan Shankar
As recorded by the court registry
A constitutional writ petition in a criminal context, most commonly habeas corpus or a challenge to an FIR or detention order.
Judgements on the same questions, provisions and authorities, from every court
