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Custody conflict betwixt a legally separated mates implicit their 10-year-old lad with peculiar needs had the Supreme Court fuming connected Wednesday and issuing a non-bailable warrant against the begetter for flying to New York, seemingly to beryllium with the child, adjacent though his passport is deposited with the apical court.
A seat of Justices Sudhanshu Dhulia and P K Mishra asked Additional Solicitor General K M Nataraj to apprise it arsenic to however helium “was permitted to permission this state without a passport and permission of this Court”.
Senior Advocate Vikas Singh appearing for the begetter Manish Chhokar tried to crushed with the seat that with the parent besides successful India, determination was a morganatic fearfulness of the Child Protective Services (CPS) taking the lad and placing him successful foster attraction considering it a lawsuit of abandonment of the child, but to nary avail.
Singh said that the father, a Green Card holder, “had done everything imaginable to transportation the custody of the child, and it was lone due to the fact that of” the erstwhile wife’s “non-cooperation/ non-appearance successful the Michigan Court that the transportation had not taken place”.
The counsel said that the child’s wellness had started showing signs of deterioration precocious and this disquieted his 2nd woman who was taking attraction of him. Worried by the child’s condition, she independently contacted the US Citizenship and Immigration Services (USCIS) and applied for an exigency Travel Document for him. The Travel Document was issued successful favour of Manish Chhokar by USCIS connected November 26, 2024.
The mates were joined successful February 2006 and aboriginal moved to the US. However, the mates had a marital discord and the hubby obtained a divorcement decree connected September 9, 2017, from the Circuit Court for the County of Oakland Family Division, Michigan, USA.
The woman had besides initiated aggregate proceedings against Chhokar successful India, but overmuch aboriginal a colony was reached betwixt the parties earlier the SC connected October 21, 2019. One of the grounds for colony was that helium shall springiness the custody of the kid to the mother.
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When this did not happen, she initiated contempt of tribunal proceedings against Chhokar. The SC framed charges against him connected September 9, 2024.
In its bid Wednesday, the SC said Chhokar appeared earlier it virtually connected December 13, 2022. It said that by bid dated January 17, 2024, helium was asked to stay contiguous successful the Court successful each proceedings.
The seat added that erstwhile orders of the tribunal connected the substance “would bespeak determination were respective attempts to resoluteness the matter, arsenic it was a substance of kid custody wherever this Court went retired of its mode successful granting indulgence to the responsive (father) successful anticipation that helium would handover the kid to his parent and honour the presumption of his settlement, which were a portion of the bid of this Court. All the same, each efforts of this Court went successful vain.”
“On the past proceeding of this substance i.e. 22.01.2025, the alleged contemnor/respondent was not contiguous successful the Court which was successful usurpation of the bid of this Court, erstwhile a connection was made by MrVikas Singh, learned elder counsel representing him that helium shall beryllium contiguous connected the adjacent day of listing…Today, we person been informed by nary different but the learned elder counsel Mr Vikas Singh…that the alleged contemnor/respondent had near for USA,” the tribunal pointed out.
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