1. We have heard learned counsel for the parties for some time.
2. Before passing any orders on the merits of the appellant's challenge to the directions dated 4 May, 2016, we are of the view that a meeting with Master Aditya Vikram Kansagra is necessary in order to enable this court to conclude on the best interest of the child. Let the child be produced before us on 11 May, 2016 at 4:00 pm.
3. In view of the above directions made by us for production of the child, it shall not be necessary for the appellant to produce the child before the Family Court on 7 May, 2016, as directed by the Family Court by the impugned order.
4. We make it clear that we have not interdicted the visitation of the child with his father and grandparents, as was directed by the Family Court by the orders dated 9 February, 2016 and 4 May, 2016 which shall continue as directed.
5. The photocopy of the Non-Cognizable Report (NCR), which has been lodged by the appellant with regard to the Kenyan passport of the child - Master Aditya Vikram Kansagra, has been handed over with the original receipt to the respondent in court today. The appellant shall apply for a Kenyan passport of the child within a period of ten days from today. The appellant shall furnish the copy of the application to the respondent immediately after completing the formalities. The appellant shall be informed in writing about the filing. The passport as and when delivered by the Kenyan authorities shall be filed by the appellant with the Family Court in the guardianship petition and shall be kept in a sealed cover for safety.
6. In the present litigation relating to custody of the child-Master Aditya Vikram Kansagra, who is now aged 6½ years of age, mediation on a prior occasion has been unsuccessful.
7. During our interaction with the parties, a desire is expressed by the parties to make one more attempt for a negotiated settlement of all disputes between the parties by recourse to mediation. The parents of the respondent are also present and have joined the proceedings before us. They have also submitted that they would like to make an attempt for a negotiated settlement for all disputes between the parties.
8. The respondent before us is a Kenyan citizen who has flown to India along with his parents for monthly weekend visitation with the child of the parties. They are present in India today for this reason. It appears to us that efforts for negotiated settlement deserve to be encouraged.
9. With the consent of parties, it is directed as follows:
(i) The parties shall appear before Ms. Sadhana Ramachandran, learned Mediator in SAMADHAN-Delhi High Court Mediation and Conciliation Centre on 9 May, 2016 at 2:30 pm.
(ii) It shall be open for the learned Mediator to join any other person or relative of the parties, as may be deemed necessary, for a holistic and effective mediation.
(iii) In case, the respondent or any of his relative are not available in India, it shall be open for the learned Mediator to join them by any electronic mode of communication including Skype, Video Conferencing, etc. at the cost of the respondent.
(iv) It shall also be open for the learned Mediator to meet the child at any place, as may be deemed convenient to her, and to arrange any visitation or meetings with the respondent of the child with the consent of the parties.
10. List for reporting outcome of mediation on 11 May, 2016 at 4:00 pm.
11. Dasti to parties under signatures of Court Master.