RASHEED AHMAD vs STATE OF NCT OF DELHI & ORS.

Judgment text excerpt

$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 21.05.2026 + W.P.(CRL) 1642/2026 RASHEED AHMAD .....Petitioner Through: Mr.Nihal Mohd. Adv. (through VC) versus STATE OF NCT OF DELHI & ORS. .....Respondents Through: Mr.Sanjay Lao, Standing Counsel (Crl.) with Ms.Priyam Agarwal, Mr.Abhinav Kr. Arya, Adv. for State Insp. Manjeet, SI Ankit, PS- Govind Puri. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MR. JUSTICE RAVINDER DUDEJA NAVIN CHAWLA, J. (ORAL) 1. 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, directing the respondents to produce the minor daughter of the petitioner. 2. In the Writ Petition, it is alleged that the marriage between the petitioner and the respondent no.5 was solemnized on 28.10.2016 under the Special Marriage Act, 1954 at New Delhi. Thereafter, a formal Nikah ceremony was performed as per Muslim rites and ceremonies at Aligarh on 12.11.2016. The daughter was born from the Signature Not Verified Digitally Signed W.P.(CRL) 1642/2026 Page 1 of 3 By:REYMON VASHIST Signing Date:23.05.2026 17:51:27 wedlock on 02.06.2021 at London, UK. The petitioner and the respondent no.5 adopted the citizenship of UK through naturalization on 03.10.2024. 3. It is alleged that thereafter, the petitioner relocated to Delhi on 09.12.2024 along with the minor daughter. It is further alleged that the respondent no.5 unilaterally abandoned the matrimonial home at Delhi and took the minor daughter away to Aligarh on 12.04.2025. The petitioner sent a legal notice dated 24.11.2025 demanding the restoration of the custody of the minor daughter, and failing to secure the same, filed a formal com