The Supreme Court of India has issued a non-bailable warrant against a man who fled to the U.S. despite his passport being held in court. The case involves a custody battle with his estranged wife. The court is investigating how he left India undetected, directing the Ministry of Home Affairs to identify potential accomplices.
New Delhi: The Supreme Court of India has ordered an inquiry and issued a non-bailable warrant against a man who fled to the United States despite his passport being in court custody. The case, which involves a custody battle with his estranged wife, has raised serious questions about how he managed to leave the country without a valid passport.
A bench of Justices Sudhanshu Dhulia and Prashant Kumar Mishra expressed surprise and concern over the man’s ability to flee India. The court directed Additional Solicitor General K.M. Nataraj to assist in the investigation.
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“We are amazed as to how can the alleged contemnor/respondent leave for the USA or for that matter for any country without a passport, as his passport is in the custody of this court. Be that as it may, now today we have no option but to issue non-bailable warrant against the alleged contemnor,”
the bench stated.
The court also directed the Ministry of Home Affairs to take every possible step to arrest the man and bring him to justice.
The Supreme Court has asked ASG Nataraj to provide a report on how the man was able to leave India without his passport and without the court’s permission. The home ministry has also been tasked with identifying individuals or officials who may have assisted him.
The matter will be taken up again on February 19.
The man is involved in a custody dispute with his estranged wife over their 10-year-old child.
- The couple got married on February 8, 2006, and later moved to the United States.
- The husband obtained a divorce decree from a court in Michigan on September 12, 2017.
- The wife initiated multiple legal proceedings in India against him.
- A settlement was reached in the Supreme Court on October 21, 2019, which included the condition that he would hand over the child’s custody to his wife.
- As he failed to do so, contempt proceedings were initiated against him.
The Supreme Court had ordered the man to appear in court in person.
- He attended a virtual hearing on December 13, 2022.
- On January 17, 2024, the court directed him to be present in all future proceedings.
- However, he failed to appear in hearings on January 22 and January 29.
The court has now ruled that any business transactions or property dealings by the man in India will be subject to its orders.
With a non-bailable warrant issued, the Indian government will now work towards locating and arresting the man. The Ministry of Home Affairs and ASG K.M. Nataraj are expected to provide a detailed report on his escape.
This case has raised serious concerns about security loopholes in India’s immigration system and how someone facing contempt proceedings was able to leave the country undetected. The next hearing is scheduled for February 19, 2024.
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