AMAN KATHPAL vs UNION OF INDIA & ANR.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 12.03.2026 Pronounced on: 01.04.2026 + W.P.(CRL) 2049/2022 & CRL.M.A. 17762/2022, CRL.M.A. 21553/2022, CRL.M.A. 8060/2023, CRL.M.A. 12478/2023 AMAN KATHPAL .....Petitioner Through: Mr.Jai Anant Dehadrai, Ms.Srutee Priyadarshini, Ms.Bhavya Jain, Advocates versus UNION OF INDIA & ANR. .....Respondents Through: Mr.Shadan Farasat, Sr. Adv. with Mr.Arkaprava Dass, Adv. for R-2. + W.P.(CRL) 3029/2024 & CRL.M.A. 29390/2024 PANKAJ DHINGRA .....Petitioner Through: Mr.Shadan Farasat, Sr. Adv. with Mr.Arkaprava Dass, Adv. versus STATE OF NCT OF DELHI & ANR. .....Respondents Through: Mr.Sanjay Lao, Standing Counsel (Crl.) for the State with SI Sandeep, P.S. Bindapur. Mr.Jai Anant Dehadrai, Ms.Srutee Priyadarshini, Ms.Bhavya Jain, Advocates for R-2. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MR. JUSTICE RAVINDER DUDEJA Signature Not Verified Digitally Signed W.P.(CRL) 2049/2022 & W.P.(CRL) 3029/2024 Page 1 of 16 By:REYMON VASHIST Signing Date:01.04.2026 18:22:39 JUDGMENT NAVIN CHAWLA, J. 1. As the present petitions concern the custody of the minor daughter- Ms.XXX of the private parties referred to as AK (mother) and PD (father), they are, therefore, being disposed of together by this common judgment. 2. W.P.(Crl.) 2049/2022 has been filed by AK, the mother of the minor child alleging therein that AK and PD had married each other on 24.08.2011. Their marriage got registered on 07.09.2011. She alleges various acts of sexual and physical violence against her by PD. From the wedlock, Ms.XXX was born on 30.03.2015 in Pennsylvania, United States of America (USA), and is therefore, a citizen of the USA by birth. AK claims that in April 2017, she had reason to suspect that PD had sexually abused Ms.XXX during her second birthday c