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IN THE HIGH COURT OF DELHI AT NEW DELHI
W.P.(CRL) 945/2026
JANNAT KAPOOR
.....Petitioner
Through: Mr.Mohammad Ali, Mr.Hakim Khan & Mr.Sandip H Munjyasara, Advs. along with petitioner in person.
versus
STATE NCT OF DELHI AND ORS
.....Respondents
Through: Mr. Sanjay Lao, Standing Counsel, with Mr. Abhinav Kumar Arya, Mr. Aryan Sachdeva, Advs. and Insp. Ranjit Tokas, SI Shri Krishan, PS Dwarka North for the State.
Mr. Ravindra Kant, Adv. for respondent no. 4.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
HON'BLE MR. JUSTICE RAVINDER DUDEJA
O R D E R
% 21.04.2026
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 (‘BNSS’), seeking issuance of a Writ in the nature of Habeas Corpus, directing the respondent nos. 1 to 3 to produce the daughter of the petitioner, Ms. XXX.
2. In the petition, it has been alleged that on 14.03.2026, respondent No. 4, that is, the father of Ms. XXX, took her to Palamu District, Jharkhand State.
3. Pursuant to our direction, respondent No. 4, along with the minor child, have appeared in person. We have interacted with them, as also with the petitioner.
4. We are of the opinion that the parties should try to explore the possibility of arriving at an amicable settlement.
5. For the said purpose, we refer them to the Delhi High Court Mediation and Conciliation Centre, where they shall appear on 24.04.2026 at 04:00 PM.
6. In the meantime, as the child was studying in a school in Delhi and is missing out on her academics, we direct respondent No. 4 to bring the child back to Delhi forthwith and to ensure that she rejoins the school where she was studying earlier.
7. As an interim measure, we further direct that the custody of the child shall be handed over by respondent No. 4 to the petitioner on every Friday at 03:00 PM. The petitioner shall return custody of the child to respondent No. 4 on Sunday at 05:00 PM. Respondent No. 4 shall also allow video call access to the petitioner with the child during the weekdays in the evening at around 06:00 PM.
8. Respondent No. 4 and the petitioner, who are present in person, agree to the above interim arrangement, which is being made without prejudice to their rights and contentions.
9. In the meantime, respondent No. 4 shall also have the reply filed by him placed on record after removing objections.
10. Rejoinder thereto, if any, be filed at least three days in advance of the next date of hearing.
11. List on 20th May, 2026.
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