In a dramatic turn of events in a prolonged international custody dispute, the Supreme Court of India issued a non-bailable warrant (NBW) against a father who left for the United States without the court permission.
The father had his passport impounded by the apex court due to ongoing contempt proceedings filed by his former wife for Marital discord and non-compliance with custody orders.
The couple has been embroiled in a custody battle since 2019 for their now 10-year-old autistic child living in Michigan, US. The mother remains in India, while the father, a US green card holder, reportedly travelled to the US citing the child’s deteriorating health.
According to the father’s counsel, senior advocate Vikas Singh, “The boy with special needs has been without either parent in the US for 14 months. Due to his health condition, there is a looming threat of US authorities placing him in foster care.”
According to Vikas Singh, The father travelled on a passport issued by the United States Citizenship and Immigration Services (USCIS) as an emergency measure.
Angered by the father’s unauthorized departure, the A bench comprising Justice Sudhanshu Dhulia and Justice Prashant Kumar Mishra ordered a probe into how he managed to leave the country despite his passport being under court custody.
The court emphasized that the father’s absence severely disrupts legal proceedings and undermines previous orders intended to secure the child’s welfare.
The case has now reached a critical stage, with the father facing contempt proceedings and the apex court vowing stringent action to ensure compliance.
