Subina Dawar v. State Of NCT Of Delhi & ORS.

$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 903/2025 SUBINA DAWAR .....Petitioner Through:

Ms.Preeti Singh, Mr. Sunklan Porwal & Ms. Sakshi Trivedi, Advs.

versus STATE OF NCT OF DELHI & ORS.

.....Respondents Through:

Mr. Amol Sinha, ASC (Crl.) SI Jitendra Kumar PS Kishan Garh.

CORAM:

HON'BLE MS. JUSTICE SHALINDER KAUR

O R D E R

% 19.03.2025 CRL.M.A. 8451/2025 (Exemption) 1.

Allowed, subject to all just exceptions.

2.

The application stands disposed of.

W.P.(CRL) 903/2025 & Crl.M.A. 8450/2025 3.

The present petition has been filed under Article 226 & 227 of the Constitution of India read with Section 528 of Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS) seeking the following reliefs: a) Issue an appropriate writ, order, or direction in the nature of Certiorari to quash and set aside the final impugned order dated 18.03.2025, passed by the Ld. Principal Judge, Family Court, Patiala House, whereby the Petitioner's divorce petition and application under the Protection of Women from Domestic The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Violence Act, 2005, were mechanically returned on the ground of jurisdiction b) Issue an appropriate writ, order, direction to provide immediate protection to the Petitioner from Respondent Nos. 2 to 6, ensuring that she is not subjected to any coercion, harassment, or harm, and further restraining the private Respondents from forcibly taking the Petitioner back against her will;

c) Pass any other writ, order, or direction as this Hon'ble Court may deem just and proper in the interest of justice, equity, and good conscience.

4.

At the outset, the learned counsel for the petitioner submits that the petitioner is under eminent threat from the respondents no. 2 to 6 and therefore, she is confining her relief only to prayer Clause (b), that is for the grant of protection, without prejudice to the rights of the petitioner to move before an appropriate forum to seek the other reliefs, as prayed herein, or any other relief. 5.

In view of this submissions made on behalf of the petitioner, the present writ petition is being considered only with respect to the protection of the petitioner, as outlined in Clause (b) of the prayer herein.

6.

Issue notice.

7.

Mr. Amol Sinha, the learned ASC (Criminal) accepts notice on behalf of the State and submits that the area wherein the petitioner is presently residing falls within the jurisdiction of Police Station Kishan Garh and not Police Station Vasant Kunj, as mentioned in the writ petition.

8.

In view of above, the SHO and the Beat Constable of Police Station Kishan Garh are directed to furnish their mobile numbers to The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the petitioner and to make themselves available to attend any phone call made by the petitioner, in case of any emergency. 9.

In terms of the above directions, the writ petition along with pending applications stands disposed of.

SHALINDER KAUR, J MARCH 19, 2025/ab/FRK Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.