Neeta Tomar v. State Of NCT Of Delhi & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL.) 1370/2020 NEETA TOMAR ....Petitioner Through:

Mr. Shashwat Tripathi, Advocate versus STATE OF NCT OF DELHI & ANR.

....Respondent Through:

Mr. Rahul Mehra, Standing Counsel (Criminal) for the State with Mr.Chaitanya Gosain, Advocate SI Yogendera Kumar, P.S. I.P. Estate Mr.Osama Suhail, Advocate for respondent No.2.

CORAM:

HON'BLE MR. JUSTICE J.R. MIDHA HON'BLE MR. JUSTICE BRIJESH SETHI

O R D E R

% 01.09.2020 1.

The hearing has been conducted through video conference. CRL.M.A.11990/2020 2.

Allowed, subject to all just exceptions.

W.P.(CRL.) 1370/2020 and CRL.M.A.11991/2020 3.

Issue notice.

Mr. Rahul Mehra, learned Standing Counsel (Criminal) for State, accepts notice.

4.

Respondent No.2 is present along with minor child Ishaan and his counsel through video conference.

5.

The petitioner is seeking custody of the minor child Ishaan who is living with respondent No.2 (father) since 07th February, 2020.

6.

This Court is of the view that the parties should make an endeavour to resolve their disputes through mediation. 7.

List before Delhi High Court Mediation and Conciliation Centre on 07th September, 2020 at 03.00 P.M.

8.

Both the parties shall appear before the learned mediator. Both the parties shall bring both the children during the mediation proceedings.

9.

The learned mediator shall permit both the parties to meet both their children before or after the mediation proceedings. The learned mediator shall make an endeavour to keep the mediation proceedings on fortnightly basis.

10.

Learned counsel for the petitioner submits that respondent No.2 is not permitting the petitioner to talk to Ishaan even on mobile which is disputed by learned counsel for respondent No.2. 11.

Respondent No.2 shall permit the petitioner to talk to Ishan everyday in the evening between 7.00 P.M. and 7.30 P.M. 12.

The petitioner shall permit respondent No.2 to talk to Ishaalya everyday in the evening between 7.30 P.M. and 8.00 P.M. 13.

The petition and the pending application are disposed of in the above terms. In the event of failure of the mediation, the petitioner would be at liberty to avail appropriate legal remedies available to her in law.

14.

List for reporting outcome of the mediation on 19th November, 2020.

15.

Copy of this order be sent to Mediation Centre through e-mail.

16.

The order be uploaded on the website of this Court forthwith. J.R. MIDHA, J.

BRIJESH SETHI, J.

SEPTEMBER 01, 2020 dk