Avinash Kaur Vs the State of NCT of Delhi and Ors. — Writ and Judicial Review | Delhi HC (2026)

Avinash Kaur Vs the State of NCT of Delhi and Ors. — Writ and Judicial Review | Delhi HC (2026)

What the court decided

AI extract

Outcome

Petition disposed of without any merits observations; the learned Family Court requested to expedite the hearing on interim custody/visitation rights in Guardianship Petition GP no. 39/2026, preferably within a month of its first listing. CRL.M.A. 12376/2026 (exemption) allowed subject to all just exceptions.

Issue for consideration

Whether the petitioner, by writ petition under Article 226 of the Constitution of India read with Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023, could obtain production of her minor son allegedly taken away by respondent no. 3. +1 more

Court's answer

The writ petition was disposed of by requesting the learned Family Court to expedite the hearing on interim custody/visitation rights in the pending Guardianship Petition GP no. 39/2026, preferably within a month of its first listing.

Ratio / Principle

The Court declined to make any observation on the merits so as not to influence the learned Family Court in the determination of the pending Guardianship Petition (GP no. 39/2026) or any interim orders to be passed therein.

Key takeaways

CRL.M.A. 12376/2026 (exemption) was allowed, subject to all just exceptions.ratio¶13

Detailed headnote1 paragraphs

Delhi High Court (Navin Chawla & Ravinder Dudeja, JJ.), Order dated 22.04.2026 in W.P.(CRL) 1282/2026 - Avinash Kaur v. The State of NCT of Delhi & Ors.: Writ petition under Article 226 of the Constitution of India read with Section 528, Bhartiya Nagrik Suraksha Sanhita, 2023, seeking production of the petitioner's minor son, alleged to have been taken away by respondent no. 3 on 04.04.2026 contrary to a Memorandum of Understanding dated 16.07.2022 vesting custody in the petitioner with visitation rights to respondent no. 3. On advance notice, respondent no. 3 appeared with the child; a Guardianship Petition (GP no. 39/2026) filed by him was pending before the Principal Judge, Family Court, South-West, Dwarka (listed 23.04.2026). The Court made no observation on the merits and disposed of the petition, requesting the Family Court to expedite the interim custody/visitation hearing, preferably within a month of its first listing. CRL.M.A. 12376/2026 (exemption) allowed subject to all just exceptions.

$~26

* IN THE HIGH COURT OF DELHI AT NEW DELHI

- W.P.(CRL) 1282/2026

AVINASH KAUR .....Petitioner

Through: Mr. Dinesh Malik, Panel Counsel, DHCLSC, with Mr. Puneet Jain, Ms. Kiffi Aggarwal, Advocates.

versus

THE STATE OF NCT OF DELHI AND ORS. .....Respondents

Through: Mr. Sanjay Lao, Standing Counsel (Criminal) with Mr. Abhinav Kumar Arya, Mr. Aryan Sachdeva and Ms. Priyam Agarwal, Advocates. Mr. Arun Singh, Mr. Hitesh Kadiyan, Advs. for R-3.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MR. JUSTICE RAVINDER DUDEJA

O R D E R % 22.04.2026

CRL.M.A. 12376/2026 (exemption)

Allowed, subject to all just exceptions.

W.P.(CRL) 1282/2026

This petition has been filed under Article 226 of the Constitution of India read with Section 528 Bhartiya Nagrik Suraksha Sanhita, 2023 seeking production of the minor son of the petitioner and the respondent no. 3.

In the petition, it is stated that the respondent no. 3 has taken

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 23/04/2026 at 13:07:33

away the child from the custody of the petitioner on 04.04.2026 in violation of the Memorandum of Understanding dated 16.07.2022 wherein the custody was mutually agreed to be vested with the petitioner with only visitation rights for the respondent no. 3.

On advance notice of this petition, respondent no. 3 has appeared before us along with the child. We have interacted with the child and the parties. We have also been informed that a Guardianship Petition, being GP no. 39/2026, has been filed by the respondent no. 3 and is listed before the concerned Principal Judge Family Court, South-West, Dwarka tomorrow, that is, 23.04.2026.

In view of the above, we do not deem it appropriate to make any observation on the merits that may influence the learned Family Court in the determination of the said petition or any interim orders to be passed therein.

Accordingly, we dispose of this petition by requesting the learned Family Court to expedite the hearing on the interim custody/visitation rights in the aforementioned Guardianship Petition that is pending before it, preferably within a month of its first listing.

NAVIN CHAWLA, J

RAVINDER DUDEJA, J

APRIL 22, 2026/lks/sk

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 23/04/2026 at 13:07:33