ROHAN SHARMA vs STATE OF NCT OF DELHI & ANR.

Judgment text excerpt

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 23rd February, 2026 + W.P.(CRL) 509/2026 ROHAN SHARMA .....Petitioner Through: Ms. Sheebba Khuranaa and Mr. Nishant, Advocates with petitioner in person. versus STATE OF NCT OF DELHI & ANR. .....Respondents Through: Mr. Sanjay Lao, Standing Counsel (Criminal) with Ms. Priyam Agarwal and Mr. Aryan Sachdeva, Advocates with SI Kamal Sharma, PS-Maidangarhi. Mr. Shivam Raturi and Mr. Juned Ansari, Advocates for R-2. Respondent no. 2 and child in person. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MR. JUSTICE RAVINDER DUDEJA NAVIN CHAWLA, J. (ORAL) 1. This petition has been filed under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for issuance of a Writ in the nature of Habeas Corpus or any other appropriate Writ or direction requiring the presence of the minor daughter of the petitioner and the respondent no. 2, Ms. XXXX, who is six years old. 2. It is the case of the petitioner that the respondent no. 2, who is presently a resident of Doiwala, Uttarakhand, had taken away the Signature Not Verified Signed By:VAISHALI W.P.(CRL) 509/2026 Page 1 of 4 PRUTHI Signing Date:24.02.2026 14:46 minor child, without the consent of the petitioner, on 07th January, 2026, and is not returning the custody of the child to him despite repeated demands. 3. On 17th February, 2026, we directed the physical presence of the respondent no. 2 along with the child. 4. We have interacted with the petitioner, the respondent no. 2, and the child. Through this interaction, we learnt that the petitioner, the respondent no. 2, and the child were residing together till around September-October, 2025. The respondent no. 2 complains that she moved out of the matrimonial home due