Sitara Singh v. State Of NCT Of Delhi & ORS.
$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 686/2026 SITARA SINGH .....Petitioner Through:
Mr. Jitender Tyagi, Mr. Gaurav Bidhuri, Ms. Tabassum, Advs.
along with petitioner in person.
versus STATE OF NCT OF DELHI & ORS.
.....Respondents Through:
Mr.Sanjay Lao, Standing Counsel (Crl) with Ms. Priyam Agarwal, Mr. Aryan Sachdeva, Advs. for the State and SI Kamal Sharma, PS Maidangiri.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MR. JUSTICE RAVINDER DUDEJA
O R D E R
% 26.02.2026 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, praying for issuance of a Writ in the nature of Habeas Corpus, directing the respondents to produce Ms.XXX before this Court.
2.
Issue notice.
3.
Notice is accepted by Mr.Sanjay Lao, the learned Standing Counsel for the respondent nos.1 to 3.
4.
The status report filed by the respondent nos.1 to 3 is taken on record.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
5.
This is a second round of Writ Petition filed concerning the production of Ms. XXX. The husband of the petitioner had earlier filed the Writ Petition, bearing W.P.(CRL) No. 24/2026, which was disposed of by this Court vide its order dated 06.01.2026, as Ms. XXX had appeared virtually before the Court and stated that she has married respondent no. 6, namely Mr. Vishnu, on 15.07.2024. She had even prior thereto also filed Writ Petition before the High Court of Rajasthan, Jaipur Bench, being S.B. (Criminal) Writ Petition No.1672/2025, titled Gungun & Anr. v. State of Rajasthan & Ors., expressing apprehension of threat from her parents and seeking protection. In the said petition, vide Order dated 19.12.2025, the High Court of Rajasthan directed the daughter of the petitioner to file an appropriate application seeking protection before the SHO of the concerned Police Station, and further directed the SHO to provide protection to her, if any such application is filed before him. 6.
The petitioner has now filed the present petition annexing therewith a purported birth certificate of Ms. XXX showing her date of birth as 07th January, 2007. The learned counsel for the petitioner submits that as on the date of the marriage, Ms. XXX was a minor and therefore, her marriage was illegal and the present Writ would be maintainable.
7.
The daughter of the petitioner, namely Ms. XXX, has again appeared virtually before us on advance notice of this petition. She reiterates that she left her parental home of her own freewill and, after having married the respondent no. 6, and is happily living with him. She further expresses apprehension regarding her safety at the hands The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
of the petitioner.
8.
Ms. XXX submits that even on the date of the marriage she was a major as would be evident from her education certificates. 9.
Having considered the above facts and submissions, we are of the opinion that as admittedly, Ms. XXX today is a major, and once she expresses an apprehension on meeting the petitioner, no further orders are required to be passed in the present Writ Petition. As far as the allegation of Ms. XXX being a minor on the date of her marriage, the petitioner may take the appropriate legal remedy as available in law.
10.
In view of the aforesaid, the petition is disposed of. NAVIN CHAWLA, J RAVINDER DUDEJA, J FEBRUARY 26, 2026/gs/sk/ik The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.