Dismissed

Ruby Sharma v. the State Govt. of NCT of Delhi and Ors.

Delhi HC23 Apr 2026W.P.(CRL)/1315/2026

Case brief

AI extract

What is this about?

Habeas corpus writ petition by a mother for production of her four-and-a-half-year-old daughter allegedly taken by the father. The court found the petition concealed pending Domestic Violence Act proceedings in which custody was already sought, and declined to exercise Article 226 jurisdiction where a statutory remedy was available.

What the court decided

AI extract

Ruby Sharma Vs the State Govt. of NCT of Delhi… — Child Custody and Guardianship | Delhi HC (2026)

¶1

$~37

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- W.P.(CRL) 1315/2026 RUBY SHARMA .....Petitioner Through: Counsel (appearance not given)

¶4

versus

¶5

THE STATE GOVT. OF NCT OF DELHI AND ORS.

¶6

.....Respondents Through: Mr.Sanjay Lao, Standing Counsel (Crl.) with Mr.Abhinav Kr. Arya, Mr.Aryan Sachdeva, Advs. Insp. Dev Lal, PS-Model Town.

¶7

CORAM:

¶8

HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MR. JUSTICE RAVINDER DUDEJA O R D E R % 23.04.2026

¶9

CRL.M.A.12650/2026 (Exemption)

¶10

Allowed, subject to all just exceptions.

¶11

W.P.(CRL) 1315/2026 & CRL.M.A. 12651/2026

¶12

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, seeking production of Ms.X, the daughter of the petitioner and the respondent no.2, who is aged about 4 and a half years.

¶13

In the petition itself it is asserted that the petitioner and the respondent no.2 were living together in the domestic relationship, out of which Ms.X was born. It is alleged in the petition that respondent no.2 later, on 16.04.2024, brought the respondent no.3 to the shared household and took away Ms.X. Further allegations are made on the respondent no.2 destroying the mobile phone of the petitioner and

¶14

This is a digitally signed order.

¶15

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 27/04/2026 at 14:12:59

¶16

attempting to murder her on 20.12.2024.

¶17

What is most important is that the petitioner claims that she has filed a complaint with the Police Station Model Town regarding the alleged unlawful custody and concealment of minor daughter Ms.X, on 31.12.2024. The petition, however, does not disclose any further steps being taken by the petitioner for seeking the custody of the minor child. 5. On the query being made to the learned counsel for the petitioner, the learned counsel for the petitioner submits that proceedings have been filed by the petitioner before the learned Metropolitan Magistrate under the Protection of Women from Domestic Violence Act, 2005, in which even custody of the minor child has been sought by way of an application.

¶18

This fact is not disclosed in the present petition. The petition is therefore liable to be dismissed on the ground of concealment alone. 7. Even otherwise, once the petitioner has availed of her statutory remedy, we do not deem it appropriate to exercise our extraordinary discretionary jurisdiction under Article 226 of the Constitution of India. 8. The petition is accordingly dismissed, leaving it open to the petitioner to avail of her legal remedies in accordance with the law.

¶19

Pending application is also disposed of as being infructuous.

¶20

NAVIN CHAWLA, J

¶21

RAVINDER DUDEJA, J

¶22

APRIL 23, 2026/Arya/as

¶23

This is a digitally signed order.

¶24

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 27/04/2026 at 14:12:59

Ruby Sharma v. the State Govt. of NCT of Delhi and Ors.

Case brief

What is this about?

What the court decided

Ruby Sharma v. the State Govt. of NCT of Delhi and Ors.

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Neetu Vs State of NCT of Delhi & Ors.

Tasleem Vs State of NCT of Delhi

Sunil@ Lilly Vs State (Nct of Delhi)

Khushnaaz & Anr. Vs State of NCT of Delhi & Anr.

Anuj Khattar & Ors. Vs Govt of NCT of Delhi & Anr.

Mahender Singh Vs State of NCT of Delhi

Kanti Devi Vs the State Govt of NCT of Delhi & Anr.

Manshi & Anr. Vs the State NCT of Delhi and Ors.

Neetu Vs State of NCT of Delhi & Ors.

Rajender @ Yusuf @ Sachin Vs Government of India Ministry of Finance Department of Revenue Pitndps Unit

Maya Vs State of NCT of Delhi & Anr.

Sunita Chauhan Vs Union of India & Ors.

Karamvir Vs the State NCT of Delih

Ahmadi Vs Govt of NCT of Delhi through SHO Ps Narela Industrial Area & Ors.