ORDER

% 16.07.2024

1.This hearing has been done through hybrid mode.

2.The present writ petition has been filed by the Petitioner under Article 226 of the Constitution of India and Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking a writ of Habeas Corpus against the Respondents, for production of his daughter who is 4 years old before this Court.

3.It is the case of the Petitioner that he has not met his daughter since October, 2023. According to the Petitioner, he and his wife Neha Verma i.e.,Respondent No.6 have marital discord,pursuant to which she took the daughter and travelled to Germany on 6th January, 2023.It is further submitted by the Petitioner that he also went to Germany and tried to resolve the issues, but the same could not be resolved. Respondent No. 6 and daughter of the Petitioner are now in India and he has sought production of his daughter, with whom he has not met for the last several months.

4.A status report dated 16th July, 2024 has been handed over in Court and the same is taken on record. As per the said status report counselling sessions are being held at the Child and Women Cell, Kirti Nagar, Delhi, between the Petitioner and Respondent No.6 but the daughter has not been produced there.

5.The matter was passed over in the morning and post lunch Respondent No.6 has appeared along with her father i.e., Respondent No.7.

On a query by the Court, she submits that she could not bring the child to the counselling sessions to make her meet the Petitioner due to the long waiting period, and she has no objection in the Petitioner meeting the child.

6.Respondent No.6 avers that she wishes to travel back to Germany on 2 nd August, 2024 to join back in her job. Respondent No.6 is presently working in a public corporation in Germany and on the other hand the Petitioner is working in BMW India.

7.Ld. Counsel for the Petitioner submits that the Petitioner wishes to resolve the disputes with Respondent No. 6. Accordingly, both the parties to appear before the Delhi High Court Mediation and Conciliation Centre today itself at 4:30 pm. Ms. Veena Ralli (M:9899987093) is appointed as the Mediator in the present matter. The sessions before the Mediation Centre shall continue on a daily basis except on holidays and non-working days from today.

8.Respondent No.6 shall also be accompanied by the child in the Mediation Centre, so that the child can meet the Petitionerfor a period of at least two hourson a daily basis, whenever a session is to be held.

9.Today, the child is not in Court. Respondent No.6 is willing for the Petitioner to meet the child at a common agreed location tomorrow i.e., on 17 th July, 2024. Accordingly, the Petitioner shall be permitted to meet the child tomorrow in presence of Respondent No.6 at about 12.30 p.m. for a period of 2-3 hours. The parents of Respondent No. 6 can be in the vicinity.

10.Respondent No.6 assures the Court that she would not travel abroad with the child till the next date of hearing. In addition, if she wishes to file any reply, she may do so by the next date of hearing and place a copy on record.

11.List before the Court on 25th July, 2024. PRATHIBA M. SINGH, J. AMIT SHARMA, J. JULY 16, 2024/ dk/ks/pr