New Delhi: Interpol may need to be involved and diplomatic channels are called in battle for prisoners of a 11-year-old child such as the Father, British and Kenya’s double citizenship holders, has refused to give birth to him to the Supreme Court’s jurisdiction after flying away with the child to the Africa.
The man, who received a profitable order from SC after misleading the court, now avoid communication with the Indian Embassy.
“We have no agreement with Kenya to uphold the court order and cannot serve to him because he is a Kenyan citizen,” said the lawyer General Tushar Mehta told SC, who in the last hearing had asked the government to contact the government with the man.
Facing a distinctive situation, the judicial bench you are Lalit and Ajay Rastogi says that it will consider exploring other choices.
Risen it said that the man was in a clear insult to the court because he had asked the Jurisdiction of the Indian court to get custody.
Senior advocate beat Rohatgi, appeared for the wife of a businessman based in Kenya, told the bench that the center could use a diplomatic channel with England to suppress because there was an agreement between India and Britain.
He said that it was an international kidnapping case and the CBI must be directed to register cases so that the red angle notification can be issued by Interpol.
The couple married in 2007 and the child was born in 2009.
Since 2012, they have lived separately.
Mother is an Indian citizen.
Bench said that it would check the option suggested by the lawyer but the first step was to recall the order permitted by the man was custody of the child.
It was said that the verdict was passed by the bench of three judges and therefore the two judges needed to be formed for this purpose.
It directs that the case was listed before a larger bench on August 27.
In October, SC has given foster right to the Father but to protect the interest of the mother, it has directed it “to get a mirror order from the court concerned in Nairobi., Which will reflect the direction contained in this assessment”.
It also asked him to deposit Rs 1 Crore in the SC registry for a period of two years to ensure compliance with his direction.
He received custody after he obeyed orders and produced a relevant document from the Kenyan trial but was later found that the Kenyan court did not recognize the command of Indian trial.