Child custody battle: HC directs red corner notice on US citizen

Noting the “continuous contemptuous conduct” of the father, the bench said the man had removed the minor girl from the jurisdiction of this court under “false pretences”, thereby wilfully violating the directions issued by the coordinate bench of the court in overnight visitations with minor child.

The Delhi high court on Friday directed the Central Bureau of Investigation (CBI) to take steps for the issuance of a red corner notice against a US citizen, who allegedly took his minor daughter to the Nepal even as he was involved in a custody battle with his former wife. The court also asked the agency to take steps for the production of the child in court.

Delhi high court granted two weeks to the counsel for the father to file reply on the habeas corpus plea by the mother and listed the matter for hearing on May 18. (Getty Images/iStockphoto)

Noting the “continuous contemptuous conduct” of the father, a bench of justices Siddharth Mridul and Rajnish Bhatnagar said the man had removed the minor girl from the jurisdiction of this court under “false pretences”, thereby wilfully violating the directions issued by the coordinate bench of the court in overnight visitations with minor child.

“…we consider it expedient to direct CBI to take steps for issuance of open ended non-bailable warrants against the said persons and further take necessary steps for issuance of Red Corner Notice, in accordance with law, and in terms of the extradition treaty that exists between India and Nepal, against the father so as to secure his presence before this court,” the bench said in its order.

The court granted two weeks to the counsel for the father to file reply on the habeas corpus plea by the mother and listed the matter for hearing on May 18.