The Bombay High Court will interview a three-year-old boy — born to an Indian father and Australian mother — before deciding if he was abducted by his father as charged by the mother.
The division bench on Wednesday said it would interview the child in their chamber on Friday.
Australian citizen Carla Gannon and her mother Glenda Gail (50) approached high court last week alleging that Gannon’s ex-husband Shahbaz Allahrakhia has detained her son illegally.
Gannon has alleged that an Australian court had granted him permission to bring the child to Mumbai for 10 days — from September 17 to 27, 2008 — but the Bandra resident had not taken the boy back.
She has also requested the court to dismiss her ex-husband’s petition seeking permanent custody of the child.
Wondering if the petition can be admitted in an Indian court, Justice Bilal Nazki remarked that India did not have a legal arrangement with Australia.
“The mother must go to the Australian court to get the order implemented. How can we go into the order of the Australian court?” he asked. The court will take a decision on the matter after speaking to the child.
Shahbaz met Gannon in 2004 when he was in Australia to do his masters from the Charles Strut University in New South Wales.
The couple got married in July 2005 and divorced by mutual consent in December 2007. They have to share the custody of the child.