Rukshar v. The State Govt of NCT of Delhi & Ors

O R D E R %

01.09.2026

¶1This petition has been filed under Article 226 of the Constitution of India read with Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), praying for issuance of a Writ of Habeas Corpus for production of the minor daughter of the petitioner, Ms. F aged about three and a half years, who is alleged to have been illegally detained by the respondent nos. 5 to 8; respondent no. 5 being the husband of the petitioner and father of Ms. F.

¶2In the petition it is alleged that the petitioner and the respondent The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. no. 5 entered into a matrimonial alliance on 23.12.2020 according to Muslim rites and ceremonies. The minor child was born out of the wedlock on 08.02.2023.

¶3The present petition also narrates various reasons for the matrimonial discord, primarily arising due to respondent nos. 6 to 8, that is, the parents and the brother of the respondent no. 5. However, we are not concerned with such matrimonial disputes as enunciated in the present petition.

¶4Similarly, the respondent no. 5 in his counter affidavit dated

21.07.2026, has raised various allegations against the petitioner, inlcuding that the petitioner is not willing to stay with the respondent nos. 6 to 8 in the matrimonial home, however, we reiterate that we are not concerned with the same in the present petition, as these are the matters which the petitioner and the respondent no. 5 would have to agitate in proper proceedings before an appropriate Court.

¶5This petition merely concerns the welfare of the minor child Ms. F, who is aged around three and a half years. It is admitted in the counter affidavit filed by the respondent no. 5, that the minor child was living with the petitioner and the respondent no. 5 till 01.06.2026, when the respondent no. 5 took the minor child to the house of respondent nos. 6 to 8.

¶6The respondent no. 5 alleges that the petitioner did not like the above act and created a ruckus including breaking the window pane of the respondent no. 5's car. There is also an allegation made that the petitioner is presently staying with her maternal mausi/khala who is running a prostitution racket. It is alleged that the cousins of the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. petitioner are notorious and habitual criminals and they have been arrested in multiple criminal cases.

¶7We may note that, apart from making bald assertions to against the Mausi and cousins of the petitioner, there is no document placed on record to substantiate these grave allegations.

¶8The fact remains that the child is only three and a half years old and had remained in the custody of the petitioner till 01.06.2026, when admittedly the respondent no. 5 took her away and placed her in the custody of respondent nos. 6 to 8.

¶9Under the Muslim law, the custody of the minor girl child, until she attains puberty, should be with the mother. Even otherwise, the welfare of a minor girl child aged around three and a half years, would require her to be in the custody of the mother, until and unless there are certain reasons which would disentitle the mother from such custody. In the present case, we do not find any such reason to have been made out by the respondent no. 5. As noted hereinabove, we are not concerned with the reasons underlying the matrimonial disputes between the petitioner and the respondent no. 5. We had, in fact, referred the parties to mediation and even thereafter, interacted with them during which they expressed their desire to amicably settle their disputes and live together. Unfortunately, they could not do so. We can only advise them to continue making efforts in this direction.

¶10As far as the welfare of the minor child is concerned, we are of the firm opinion that the custody of the minor child should be with the mother.

¶11We, accordingly, direct the respondent no. 5 to hand over the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. custody of the minor child to the petitioner forthwith. The respondent no. 5 shall, however, be entitled to meet the child, and in case the respondent no. 5 wishes to interact with the minor child virtually on a daily basis, the same shall be allowed by the petitioner.

¶12The parties shall be at liberty to approach the Competent Court for any modification in the above arrangement or for enforcement of the same, if the need so arises.

¶13The petition is disposed of in the above terms. NAVIN CHAWLA, J RAVINDER DUDEJA, J SEPTEMBER 1, 2026/lks/na/pb The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

* IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010268642026 + W.P.(CRL) 1823/2026 RUKSHAR .....Petitioner Through: Ms. Shama and Ms. Kavita, Advocates with petitioner in person. versus THE STATE GOVT OF NCT OF DELHI & ORS. .....Respondents Through: Mr. Sanjay Lao, Senior Advocate, with Mr. Aman Usman, APP, Mr. Abhinav Kumar Arya, Mr. Aryan Sachdeva, Advocates and SI Dharamveer, SI Puran Singh, PS Dabri, for the State. Ms. Neeru Gaur, Advocate for Respondent no. 5 to 8 with R-5 in person. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MR. JUSTICE RAVINDER DUDEJA