Smt Vibha Sinha v. State NCT Of Delhi And ANR

$~34 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 223/2026 & CRL.M.A. 2121/2026, CRL.M.A. 2122/2026 SMT VIBHA SINHA .....Petitioner Through:

Mr. Amit Nahata, Advocate.

versus STATE NCT OF DELHI AND ANR .....Respondents Through:

Mr.

Sanjay Lao, Standing Counsel (Criminal) with Mr.

Abhinav Kumar Arya and Mr.

Aryan Sachdeva, Advocates with Insp. Rajeev Kumar, HC Kishore, PS-Amar Colony for R-1.

Mr.

Kartik Sandal, Ms.

Raveena Dewan, Mr. Rohan Sandal, Ms. Jahanvi Dewan and Mr. Rishabh Deo, Advocates for R-2.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MR. JUSTICE RAVINDER DUDEJA

O R D E R

% 21.01.2026 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, seeking issuance of a writ in the nature of Habeas Corpus, directing the production of minor children of the petitioner.

2.

The petitioner states that the children have been taken away by The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/01/2026 at 13:27:02

their father, who is the respondent no. 2 herein, and his whereabouts are not known.

3.

The petition itself discloses that the respondent no. 2 has filed a petition, bearing HMA no. 1763/2025, before the Court of learned Principal Judge, Family Courts, South-East District, Saket Courts Complex, New Delhi, seeking divorce from the petitioner. The learned counsel for the petitioner submits that petitioner has appeared in those proceedings, however, the respondent no. 2 did not appear. 4.

We are of the view that the learned Family Court is competent to pass appropriate directions for the custody and visitation rights of the parties, and entertaining the present petition would only lead to the multiplicity of the litigation.

5.

Accordingly, we dismiss the present petition, leaving it open to the petitioner to avail of her remedies in accordance with law. NAVIN CHAWLA, J RAVINDER DUDEJA, J JANUARY 21, 2026/vd/sk/Yg The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 24/01/2026 at 13:27:02