* 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

J U D G M E N T

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 celebrations. She alleges that she was thereafter witness to other acts of sexual assaults by PD on Ms. XXX. While being in United States, on 18.09.2017, alleging physical assaults, AK had called the police by dialing 911 and also reported the incidents of sexual assault by PD on Ms.XXX. PD was arrested and a Protection Order dated 19.09.2017 was passed.

3. PD filed a case of divorce before the Superior Court, Judicial District of New Haven (hereinafter referred to as “Superior Court”) on 30.04.2019, wherein, by an order dated 06.05.2022, while granting divorce to AK and PD, the Superior Court also passed a direction of joint-parenting of Ms.XXX as under:

“1. The dissolution of marriage shall enter; the parties are declared single and unmarried. 2. The parties shall share joint legal custody of the minor child, and the minor child shall primarily live with mother. Each party shall be listed as a parent of the minor child on all records related to the minor child, including but not limited to educational, medical, mental health, religious and extracurricular records. Each party shall be entitled to access to all records related to the minor child.

3. (a) Father shall have weekly supervised parenting time in the community for a period of three hours per day every Saturday and every Sunday from 12:00 noon to 3:00 p.m. commencing on Saturday, May 14, 2022. The parties shall equally share the cost of the supervisor. The parties may, by mutual agreement, modify this order.

(b) Caseflow shall schedule a two-hour remote hearing in approximately sixty (60) days to address the potential· expansion of father's parenting time. The hearing shall be scheduled before a judge other than Goodrow, J. Each party shall file with the Court five (5) days prior to the scheduled hearing a list of witnesses each party intends to call at the hearing and Proposed Orders regarding any expansion of father's parenting schedule ordered herein, including any request that father's parenting time be unsupervised.

4. The parties shall communicate through Our Family Wizard and each shall pay their own expense. In the event that a comparable application is available free of charge, the parties shall utilize the free of charge comparable application to communicate.

5. The Court takes judicial notice of the pending Family Support Magistrate case, Arnan Dh