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Father Violates Court Order By Taking 8 Year Old To Nepal: Delhi High Court Directs CBI To Issue Red Corner Notice On Mother's Habeas Corpus Plea

Nupur Thapliyal
23 April 2022 4:19 AM GMT
Father Violates Court Order By Taking 8 Year Old To Nepal: Delhi High Court Directs CBI To Issue Red Corner Notice On Mothers Habeas Corpus Plea
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The Delhi High Court has directed the Central Bureau of Investigation to take necessary steps for issuance of Red Corner Notice against a father, a US citizen, who took his 8 year old daughter to Nepal in violation of Court orders despite being involved in child custody battle with the wife.Noting the continuing contemptuous conduct of the father, a division bench comprising of Justice...

The Delhi High Court has directed the Central Bureau of Investigation to take necessary steps for issuance of Red Corner Notice against a father, a US citizen, who took his 8 year old daughter to Nepal in violation of Court orders despite being involved in child custody battle with the wife.

Noting the continuing contemptuous conduct of the father, a division bench comprising of Justice Siddharth Mridul and Justice Rajnish Bhatnagar, which was dealing with a habeas corpus petition filed by the mother, also directed the CBI to take steps for issuance of open ended non-bailable warrants against the persons involved.

The Court noted that the father's conduct was contemptuous as he removed the eight year old school going child of the estranged couple, from the jurisdiction of the High Court to the Federal Democratic Republic of Nepal under false pretences.

"…we consider it expedient to direct the Central Bureau of Investigation (CBI) to take steps for issuance of open ended non-bailable warrants against the said persons and further take necessary steps for issuance of Red Corner Notice, in accordance with law, and in terms of the extradition treaty that exists between the Government of Republic of India and the Government of Federal Democratic Republic of Nepal, against Mr.Karan Goel, respondent No. 4, so as to secure his presence before this Court," the Court said.

It was the case of the mother that the father and his mother had crossed over the International border into Nepal on 16th April by allegedly using new Passport issued by the Government of United States of America.

Vide order dated 17th April, 2022, a coordinate bench of the High Court had observed that the minor child had remained incommunicado with the mother since 15th April and that it was apprehended that the minor child in all probability had been taken across the Nepal Border in contravention to the directions of the Court.

Accordingly, the Court had directed the Delhi Police to register an F.I.R. against the offending parties under the relevant provisions of law.

In this backdrop, the Court was informed by the counsel representing the father that he was not inclined to comply with the directions issued by the coordinate bench.

Therefore, the Court directed the father to produce Ms. the minor school going daughter before the Court on the next date of hearing, May 17.

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