Delhi High Court Orders INTERPOL Red Corner Notice To Arrest UK-Based Man For Defying Maintenance Orders

The Delhi High Court has sentenced a UK-based man to six months' of simple imprisonment after finding him guilty of wilfully disobeying multiple judicial orders directing payment of maintenance for the welfare of his minor daughter.

Justice Sachin Datta held that the father had displayed “complete disregard for judicial authority” and deliberately avoided complying with orders passed by the Family Court, a Division Bench of the High Court, and subsequent directions issued in contempt proceedings.

Noting that the father refused to submit to the jurisdiction of Indian courts and deliberately abstained from appearing in the contempt proceedings initiated by the wife, the Court invoked the mechanism of issuance of a Red Corner Notice to secure his presence and to ensure enforcement of the sentence imposed.

The contempt proceedings arose from allegations by the petitioner-wife that her husband repeatedly failed to comply with directions requiring him to pay Rs 1.4 lakh per month as an interim measure for the welfare and maintenance of their minor daughter.

The Court noted that the father had initially challenged the Family Court's order before a Division Bench of the High Court. However, even after the Division Bench modified the payment mechanism and directed continued payment, he failed to comply.

The Court said that despite repeated opportunities and indulgence, he chose not to comply with the judicial directions of the High Court. His conduct demonstrates complete disregard for judicial authority and warrants the invocation of this Court's contempt jurisdiction, it added.

“Consequently, respondent no. 1 is sentenced to undergo simple imprisonment for a period of six months, along with a fine of Rs. 2,000/-. In default of payment of fine, he shall undergo further simple imprisonment for a period of seven days,” the Court ordered.

Accordingly, to secure his presence here, Justice Datta directed the Central Bureau of Investigation (CBI) to make an appropriate request to INTERPOL for issuance of a Red Corner Notice against the husband, in terms of INTERPOL's Rules on the Processing of Data, for the purposes of locating, arresting, and detaining him, and for informing the agency as well as the High Court of his whereabouts.

“This Court further directs the CBI to take appropriate steps for issuance of a Diffusion under Section 4 (Article 97) of the Interpol Rules on the Processing of Data, for the purposes of locating/tracing, apprehending, and detaining respondent no. 1,” the Court said.

“The Foreigners Regional Registration Office (FRRO) is directed to intimate the concerned police authorities/CBI to take necessary steps to secure the arrest of respondent no. 1 upon his arrival in India, so as to ensure execution of the sentence imposed by this Court. The concerned respondents are directed to prepare arrest warrants and committal warrants against the contemnor forthwith,” it added.

Counsel for Petitioner: Mr. Gautam Narayan, Sr. Adv., Mr. Prashant Mendiratta, Ms. Asmita, Ms. Kirti Mewar and Mr. Arjun Gaur, Advs

Counsel for Respondent: Ms. Nidhi Raman, CGSC, Mr. Arnav Mittal and Mr. Akash Mishra, Advs., UOI; Ms. Rajni Gupta, SPP and Mr. Shivender Gupta, Adv., CBI

Title: SN v. TA

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