Munti Devi v. The State of NCT of Delhi

Delhi High Court · 03 Dec 2025 · 2025:DHC:10878-DB
Vivek Chaudhary; Manoj Jain
W.P.(CRL) 3808/2025
2025:DHC:10878-DB
constitutional petition_allowed

AI Summary

The Delhi High Court allowed a Habeas Corpus petition directing the production and custody of a missing minor daughter to her mother, emphasizing the minor's welfare and wishes.

Full Text
Translation output
W.P.(CRL) 3808/2025 1
HIGH COURT OF DELHI
Date of Decision: 03rd December,2025
W.P.(CRL) 3808/2025
MUNTI DEVI .....Petitioner
Through: Mr. D D Tripathi, Advocate
WITH
petitioner.
VERSUS
THE STATE OF NCT OF DELHI AND ORS .....Respondent
Through: Mr. Sanjay Lao, Standing Counsel
WITH
SI Girdhari Lal.
CORAM:
HON'BLE MR. JUSTICE VIVEK CHAUDHARY
HON'BLE MR. JUSTICE MANOJ JAIN
JUDGMENT

1. The present writ petition has been filed under Article 226 of the Constitution of India read with Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking issuance of direction in the nature of Habeas Corpus directing the respondents to produce the minor daughter of the petitioner namely xxxxx.

2. The brief facts of the case are that on 02.10.2025, daughter of the petitioner went missing from her house at about 11:30 PM. Petitioner reported the matter to the police which resulted in registration of FIR bearing NO. 0598/2025 on 03.10.2025.

3. Mr. Sanjay Lao, learned standing counsel is present and hands over a status report dated of even date. W.P.(CRL) 3808/2025 2

4. According to said report, xxxxx has been traced on 29.11.2025 and her medical examination was conducted which revealed that she is pregnant.

5. She was produced before Child Welfare Committee and was then sent to a shelter home in Hari Nagar.

6. Respondent no. 4 has, reportedly, been arrested and remanded to judicial custody.

7. Today, xxxxx is present in court.

8. We have interacted with xxxxx. She states that she is fifteen years old and has studied up to seventh standard. When asked, she stated that she wanted to stay with her parents.

9. Her mother i.e. petitioner is present in Court and she is also willing to take her back. xxxxx is directed to be handed over to the petitioner.

10. Nothing further survives in the present petition.

11. The present petition stands disposed of in aforesaid terms.

(VIVEK CHAUDHARY) JUDGE (MANOJ JAIN)

JUDGE DECEMBER 3, 2025/sw/pb