Dismissed¶15

Smt Vibha Sinha v. State NCT of Delhi and Anr.

Delhi HC21 Jan 2026W.P.(CRL)/223/2026

Case brief

AI extract

What is this about?

W.P.(CRL) 223/2026 (Delhi High Court, 21.01.2026, Navin Chawla & Ravinder Dudeja JJ.); habeas corpus writ petition by mother (Smt. Vibha Sinha) for production of minor children taken away by father (unnamed respondent no. 2); Article 226 Constitution read with Section 528 BNSS 2023; related divorce petition HMA no. 1763/2025 pending before Principal Judge, Family Courts, South-East District, Saket Courts Complex; Family Court held competent for custody and visitation directions; dismissal to avoid multiplicity of litigation; petitioner left to pursue remedies in accordance with law; no cases cited; no costs or quantum.

What did the court decide?

None; the petitioner was left open to avail of her remedies in accordance with law. ¶15

Smt Vibha Sinha Vs State NCT of Delhi and Anr. — Writ and Judicial Review | Delhi HC (2026)

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$~34

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(CRL) 223/2026 & CRL.M.A. 2121/2026, CRL.M.A. 2122/2026

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SMT VIBHA SINHA .....Petitioner Through: Mr. Amit Nahata, Advocate.

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versus

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STATE NCT OF DELHI AND ANR .....Respondents Through: Mr. Sanjay Lao, Standing Counsel (Criminal) with Mr. Abhinav Kumar Arya and Mr. Aryan Sachdeva, Advocates with Insp. Rajeev Kumar, HC Kishore, PS-Amar Colony for R-1. Mr. Kartik Sandal, Ms. Raveena Dewan, Mr. Rohan Sandal, Ms. Jahanvi Dewan and Mr. Rishabh Deo, Advocates for R-2.

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CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MR. JUSTICE RAVINDER DUDEJA O R D E R % 21.01.2026

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This 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, directing the production of minor children of the petitioner.

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The petitioner states that the children have been taken away by

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This is a digitally signed order.

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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 24/01/2026 at 13:27:02

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their father, who is the respondent no. 2 herein, and his whereabouts are not known.

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The petition itself discloses that the respondent no. 2 has filed a petition, bearing HMA no. 1763/2025, before the Court of learned Principal Judge, Family Courts, South-East District, Saket Courts Complex, New Delhi, seeking divorce from the petitioner. The learned counsel for the petitioner submits that petitioner has appeared in those proceedings, however, the respondent no. 2 did not appear.

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We are of the view that the learned Family Court is competent to pass appropriate directions for the custody and visitation rights of the parties, and entertaining the present petition would only lead to the multiplicity of the litigation.

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Accordingly, we dismiss the present petition, leaving it open to the petitioner to avail of her remedies in accordance with law.

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NAVIN CHAWLA, J

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RAVINDER DUDEJA, J

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JANUARY 21, 2026/ vd/sk/Yg

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This is a digitally signed order.

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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 24/01/2026 at 13:27:02

Smt Vibha Sinha v. State NCT of Delhi and Anr.

Case brief

What is this about?

What did the court decide?

Smt Vibha Sinha v. State NCT of Delhi and Anr.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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