Man Leaves India Despite Passport Being In Court Custody; Supreme Court Asks Centre How He Managed To Leave; Issues Arrest Warrant

The Supreme Court was recently shocked to note that a man, who was facing contempt proceedings arising out of child custody dispute, managed to trave to the USA, although his passport was deposited in the Court.The Court had earlier directed him to surrender his passport before it. On January 29, the Court was told that the man had left India. “We are amazed as to how can the alleged contemnor/respondent leave for USA or for that matter for any country without a passport, as his passport is in the custody of this Court.”, the bench comprising Justices Sudhanshu Dhulia and Prashant Kumar Mishra remarked.The Court issued a non-bailable warrant against the contemnor, directing the Home Ministry to take every possible step under the law to arrest him so that he is brought to justice. Further, the Court requested K.M. Nataraj, Additional Solicitor General (ASG) to apprise the Court “as to how the respondent was permitted to leave this country without a passport and leave of this Court. With the assistance of the Home Ministry, Govt. of India, he may also enquire and apprise this Court as to who assisted the respondent in escaping from the country and who are the officials and other persons involved in this.” Background The Court was hearing a contempt petition in a child custody case where the respondent was ordered to hand over the child to the petitioner (mother) but failed to comply. He was directed to attend all hearings, yet on 22.01.2025, he was absent despite his counsel's assurance of his presence on 29.01.2025. When the case was heard on that date, Senior Counsel Vikas Singh representing the Respondent informed the Court that he had left for the USA, leading to the Court's aforementioned observations.Senior Adv. Vipin Sanghi represented the PetitionerSenior Adv. Vikas Singh represented the RespondentCase Title: RAJYASHREE CHHOKAR VERSUS MANISH CHHOKAR Click here to read/download the order

Man Leaves India Despite Passport Being In Court Custody; Supreme Court Asks Centre How He Managed To Leave; Issues Arrest Warrant

Yash Mittal

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