Disposed¶23

Bhawna v. State NCT of Delhi and Ors.

Delhi HC26 May 2025CRL.M.C./3763/2025

Case brief

AI extract

What is this about?

High Court of Delhi, Justice Sanjeev Narula, order dated 26.05.2025; CRL.M.C. 3763/2025; petitioner Bhawna v. State NCT of Delhi; Section 528 BNSS inherent powers; Section 23 DV Act interim application for visitation rights to minor child aged 11; JMFC Mahila Court North-West Rohini, Complaint Case No. 7973/2025; adjournment to 14 July 2025; early hearing application within four days; petition disposed with pending applications; no merits commentary.

What did the court decide?

Petition disposed of along with pending applications, with directions permitting the Petitioner to immediately file an early-hearing application for her S.23 DV Act interim application and requesting the Trial Court to take it up on an urgent basis if filed within four days. ¶23

Bhawna Vs State NCT of Delhi and Ors. — Domestic Violence | Delhi HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the High Court should grant the Petitioner's request for a direction expediting adjudication of her interim application under Section 23 of the Protection of Women from Domestic Violence Act, 2005 (seeking visitation with her minor child), pending before the Mahila Court. +1 more

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Court's answer

The Petitioner should, at the first instance, explain the urgency of the situation before the concerned (trial) Court rather than invoking the inherent powers of the High Court under Section 528 of the BNSS to seek directions for expeditious hearing of the interim application.

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Ratio / Principle

Mindful that the Petitioner is a mother wishing to meet her 11-year-old minor child, the Court considered it appropriate to allow her to immediately file an application for early hearing of the interim application under Section 23 of the DV Act, expressing urgency for the interim reliefs, in accordance with law.

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Key takeaways

If such early-hearing application is filed within four days, the Trial Court is requested to take up the matter on an urgent basis and pass appropriate orders thereon after hearing both parties, in accordance with law.ratio¶19
The Court made clear it has not commented on the merits of the petition; all rights and contentions of the parties are left open.obiter¶24

Detailed headnote1 paragraphs

Delhi High Court (Sanjeev Narula, J) disposed of Bhawna's CRL.M.C. 3763/2025 filed under Section 528 BNSS seeking expedition of her interim application under Section 23 of the Protection of Women from Domestic Violence Act, 2005, pending in Complaint Case No. 7973/2025 (Bhawna v. Vishal Dhingra & Ors) before the JMFC Mahila Court, North-West, Rohini Courts, Delhi. The interim application, seeking visitation with her 11-year-old minor child, had been adjourned to 14.07.2025 as the Presiding Officer was on leave on 09.05.2025. Holding that urgency should first be explained before the concerned court rather than by invoking the High Court's inherent powers, the Court permitted immediate filing of an early-hearing application and, if filed within four days, requested the Trial Court to hear it on an urgent basis. Merits left untouched; rights and contentions reserved.

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$~66

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 3763/2025, CRL.M.A. 16523-16524/2025

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BHAWNA

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.....Petitioner

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Through: Mr. Ravi Chawla, Mr. Himanshu Sood, Ms. A. Chawla, Advocates

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versus

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STATE NCT OF DELHI AND ORS .....Respondents Through: Mr. Hemant Mehla, APP for State with SI Yogesh Sharma, PS Subhash Place

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CORAM: HON'BLE MR. JUSTICE SANJEEV NARULA

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O R D E R % 26.05.2025

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Through the present petition, the Petitioner assails the order dated 9^th May, 2025 passed by the Judicial Magistrate First Class, Mahila Court, North-West, Rohini Courts, Delhi in Complaint Case No. 7973/2025 titled “Bhawna v. Vishal Dhingra & Ors”. The Petitioner also seeks direction for expediting adjudication of the interim application filed by her under Section 23 of the Protection of Women from Domestic Violence Act, 2005¹ .

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The Petitioner is a mother of a minor child of about 11 years, who has filed an application under Section 23 of the DV Act, seeking inter alia visitation rights to meet the minor child. It is urged that on 09^th May, 2025, the Presiding Officer of the Mahila Court was on leave, and as a result her interim application could not be taken up for hearing, and the matter was

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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 28/05/2025 at 11:20:51

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adjourned to 14^th July, 2025.

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Counsel for the Petitioner submits that there is an extreme emergency in the present matter, as the minor child is currently in the custody of his father and his family members, whereas the mother’s right of visitation have not been adjudicated and the matter has been posted after 2 months.

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The Court has considered the aforenoted submissions. At the outset, it is noted the instant petition was filed nearly more than 10 days after passing of the impugned order on 09^th May, 2025. Moreover, on a pointed query of this Court, counsel for the Petitioner confirms that before approaching this Court, no application was not moved before the Mahila Court, seeking early hearing of the interim application.

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Thus, in the opinion of the Court, the Petitioner should, at the first instance, explain the urgency of the situation before the concerned Court, rather than invoking the inherent powers of this Court under Section 528 of the BNSS, seeking directions for expeditious hearing of the interim application.

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However, the Court is mindful of the fact that the Petitioner is a mother who wishes to meet her minor child of 11 years. Therefore, it is considered appropriate to allow the Petitioner to immediately file an application for early hearing of the interim application under Section 23 of the DV Act, expressing urgency for the interim reliefs, in accordance with law.

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In case such an application is filed within a period of four days from today, the Trial Court is requested to take up the matter on urgent basis and pass appropriate orders thereon, after hearing both the parties, in accordance

1 “DV Act”

with law.