Dismissed¶28

Adib Saifi v. the State NCT of Delhi and Ors.

Delhi HC2 Jan 2026W.P.(CRL)/4340/2025

Case brief

AI extract

What is this about?

Delhi High Court; W.P.(CRL) 4340/2025; decided 02.01.2026; Shail Jain J. and Madhu Jain J.; habeas corpus; Article 226 Constitution of India; Section 528 Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS); Adib Saifi v. State NCT of Delhi; wife Ms Jainab declined to live with husband citing misbehaviour and maltreatment by husband and in-laws; complaint pending before CAW Cell, Bakarwala, Najafgarh; petition dismissed as mala fide; exemption application CRL.M.A. 39033/2025 allowed.

What did the court decide?

The Petitioner's wife, Ms Jainab, who appeared through VC, specifically stated that she does not wish to live with her husband, Mr Adib Saifi, due to the misbehaviour and maltreatment suffered by her at the hands of her husband as well as her in-laws. ¶24

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

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$~5

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(CRL) 4340/2025

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ADIB SAIFI .....Petitioner Through: Petitioner in person

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versus

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THE STATE NCT OF DELHI AND ORS. .....Respondents Through: Mr. Sanjay Lao, Standing Counsel with Ms. Priyam Agrawal, Mr.

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Abhinav Kumar & Mr. Aryan

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Sachdeva, Advs.

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Inspector Narender Singh along with SI Ashish Panwar, PS Ghazipur, Delhi

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CORAM: HON'BLE MS. JUSTICE SHAIL JAIN HON'BLE MS. JUSTICE MADHU JAIN

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O R D E R

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% 02.01.2026

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This hearing has been done through hybrid mode.

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CRL.M.A. 39033/2025 (for exemption)

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Allowed, subject to all just exceptions. The application is disposed of.

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W.P.(CRL) 4340/2025

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This Petition has been filed by the Petitioner, Mr Adib Saifi, under Article 226 of the Constitution of India, read with Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), for the issuance of a writ of habeas corpus seeking production of his wife, namely Ms Jainab.

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Issue notice. Ld. Counsel for Respondent No. 1, Government of NCT of Delhi (GNCTD) has entered appearance and accepts notice.

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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 05/01/2026 at 11:46:11

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A Status Report has been filed by the Respondent No. 1, the State, and the same is taken on record.

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Ms Jainab has appeared in Court through VC. The police are also present.

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The Petitioner, who is present in Court in person, has also identified his wife.

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The wife of the Petitioner in the present case, Ms Jainab, has specifically stated that she does not wish to live with her husband, Mr Adib Saifi, due to the misbehaviour and maltreatment suffered by her at the hands of her husband as well as her in-laws.

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As per the Status Report, it is also submitted that there is a Complaint pending before the Crime Against Women (CAW) Cell, Bakarwala, Najafgarh, Delhi. The hearing in the said complaint was also attended by the Petitioner on 03rd December, 2025.

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Considering the same, this Petition appears to have been filed with a mala fide intention and the same is, therefore, dismissed.

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The Status Report has been taken on record.

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Accordingly, the present Petition stands disposed of.

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SHAIL JAIN, J

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MADHU JAIN, J

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JANUARY 2, 2026/ pd/MM

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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 05/01/2026 at 11:46:11

Adib Saifi v. the State NCT of Delhi and Ors.

Case brief

What is this about?

What did the court decide?

Adib Saifi v. the State NCT of Delhi and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

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