The Bombay high court recently directed the Central Bureau of Investigation - Interpol to issue a red corner notice (RCN) — an international arrest warrant — against a London resident, who failed to give his estranged wife custody of their minor son, in violation of an August 2015 family court order.
Justice Rajesh Ketkar also asked Interpol to issue a yellow corner notice to ensure that the child is brought back to Mumbai.
The couple got married in February 2010. In 2014, the woman moved the family court, seeking divorce on various grounds. In August 2015, the court allowed her divorce petition. The court granted the woman custody of her son and directed the husband to pay her a monthly maintenance of Rs20,000 from October 2014.
On realising that her husband was unwilling to abide by the family court’s order, the woman approached the Bombay high court seeking action against him for contempt of court. The high court granted the man opportunities to acquit himself, but he did not respond. The court suggested that he send the child to India, accompanied by a relative. However, he failed to respond to this request too.
Instead, his counsel kept contending that the family court’s order could be executed in London under provisions of the Foreign Judgments (Reciprocal Enforcement) Act, 1933. It offered to pay for the woman to travel to England so she could continue the litigation.
Justice Ketkar, however, said the husband had violated the family court order. He added that the man was given another opportunity to acquit himself of the contempt charge by bringing the child to India during his holidays — between April 3 and April 17— but he failed to do so. Neither did he pay his wife the maintenance fee.