High Court of DelhiW.P.(CRL)/1431/2020

Surbhi Vashist v. State Of Delhi (NCT) & ORS.

2020-09-10Hon'Ble Mr. Justice J.R. Midha,Hon'Ble Mr. Justice Brijesh Sethi2 pages

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1431/2020 SURBHI VASHIST ..... Petitioner Through:

Mr. Rajeev Sharma, Advocate versus STATE OF DELHI (NCT) & ORS.

..... Respondents Through:

Mr. Chaitanya Gosain, Advocate for Mr. Rahul Mehra, Senior Standing Counsel (Crl.) for the State with Insp. Sukram Pal, SHO Bharat Nagar and SI Anand Singh Mr. Subhash Buttan, Advocate for R-5 & R-6 with Mr. Prashant Gaur

CORAM:

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

O R D E R

% 10.09.2020 1.

The hearing has been conducted through video conference. CRL.M.A. 12475/2020 2.

Allowed, subject to just exceptions.

W.P.(CRL) 1431/2020 3.

Issue notice. Learned counsel for the State accepts notice on behalf of respondents No.1 to 4. Respondents No.5 and 6 are present through video conference along with their counsel and they accept notice. 4.

The petitioner is also present through video conference. 5.

This Court is of the prima facie view that the parties should make an endeavour to resolve their differences through mediation. 6.

List before Delhi High Court Mediation and Conciliation Centre on 15th September, 2020 at 03:00 PM.

By:RAJENDER SINGH KARKI 15:50:45

Both the parties shall participate in the mediation through video conference. The respondent No.5 shall produce minor child Master Shaurya at the time of video conference and the learned Mediator shall permit the petitioner to communicate with the minor child through video conference for at least 10 to 15 minutes in every mediation sitting. 8.

Respondent No.5 shall permit the petitioner to talk to the minor child everyday for half an hour between 06:00 PM to 09:00 PM through video/WhatsApp call.

If the matter is not resolved through mediation, the petitioner is at liberty to file an appropriate petition for seeking custody of the minor child before the competent forum.

10.

This writ petition is disposed of in the above terms. 11.

List for reporting outcome of the mediation proceedings on 03rd November, 2020.

12.

Copy of this order be sent to Delhi High Court Mediation and Conciliation Centre through e-mail.

13.

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

BRIJESH SETHI, J.

SEPTEMBER 10, 2020/ds By:RAJENDER SINGH KARKI 15:50:45