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Synopsis

A Bench of CJI UU Lalit and Justice Bela M. Trivedi, while hearing a matter concerning an Inter-State custody of a child, was of the opinion that it will take more time to hear the matter. Therefore, the matter is now listed for October, 21.

In the pertinent matter the Court while recalling its order, on its own motion had directed CBI to initiate criminal proceedings against a Kenyan citizen of Indian origin, who through a false representation had secured custody of his son. The court had further asked the Centre to help the mother in securing the custody. Also, had taken a suo motu action to file a contempt case against Perry Kansagra.

A Division Bench of CJI UU Lalit and Justice Ajay Rastogi, earlier had passed directions to the registry, for seeking appropriate instructions from the Hon’ble CJI to list the matter before a 3-Judge bench, comprising Justice Hemant Gupta. It was considered appropriate to do so as the judgment in the matter was passed in the ratio 2:1 by a bench of Justice Indu Malhotra, Justice UU Lalit and Justice Hemant Gupta (dissenting).

“The man has led this Court up the garden path by saying that yes the Orders will be complied,” the bench while hearing the matter, said.

By order dated October 28, 2020, the Top Court directed the applicant mother to hand over the custody of Aditya Kansagra to respondent father upon production of a Mirror Order by the Kenyan Court.

It was informed that due to certain developments, the mirror order upon which the custody was given, stands differed.

Submissions were made by Learned SGI Mr Mehta, upon Court’s instructions for assistance.

Senior Counsel Mr. Mukul Rohatgi and Sonia Mathur appeared for the applicant wife.

“This is a case of International kidnapping. I would suggest CBI should be brought in and also Red Corner notice be issued against the respondent,” Mr. Rohatgi submitted.

Case Title: In Re Perry Kansagra