O R D E R

% 04.09.2024

1. This hearing has been done through hybrid mode.

2. The present petition has been filed by the Petitioner under Article 226 of the Constitution of India read with Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking writ in the nature of habeas corpus for the production of her minor daughter.

3. Vide order dated 27th August, 2024 it was directed that the minor daughter of the Petitioner be produced before the Court on the next date of hearing. Further, the Respondent No. 2 - husband was also directed to be present on the said date.

4. Today, the minor child has been produced before the Court, and the husband is alsopresent.TheCourt has conferredwiththechild,and itis clear that sheisquitecomfortablewithherfather -RespondentNo.2,as alsointhe new school where she is studying i.e., the Khaitan School, Noida. She states that she lives with her extended family including Dada and Dadi, chacha and chachi etc., 5. The husband is willing to purchase a flat in terms of the settlement agreement between the Petitioner and the husband, which has been recorded on 15th December, 2022 before the Principal Judge, Family Courts, Saket in Case No. M-82/2021.

6. Further, the child has clearly expressed her wish that during vacations and otherwise sheshould be able to visit her mother. For the said purpose, let thepartiesagreeuponanarrangementastohowthechildmayvisitthemother during vacations, as also regarding the child living in a flat with her mother separately in terms of the aforesaid settlement agreement.

7. In the meantime, whenever the child wants to spend time with the mother,themother maypickupthechildandliveinher sister’shouse,which is stated to be in Noida. It is directed that the address where the child would belivingwiththemotherat suchtimesshall becommunicatedtothefatherin advance.

8. The child would, however, otherwise continue to live with the father -

Respondent No. 2, and the child shall also accompany her father today.

9. Boththepartiesaredirectedtoexchangetheiraddresseswheretheyare currently residing and where the child would be living when the child is in their custody.

10. Dasti.

11. ListbeforetheDelhiHighCourt MediationandConciliationCentre on

6th September, 2024 at 3:00 P.M.

12. List before Court on 27th September, 2024.

13. CopyoftheorderbecommunicatedtotheSecretary,Delhi HighCourt MediationandConciliationCentrefornecessaryinformationandcompliance.

PRATHIBA M. SINGH, J AMIT SHARMA, J SEPTEMBER 4, 2024 dj/ms