Delhi High Court orders CBI to issue red corner notice on mother’s habeas corpus plea

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The Delhi High Court has ordered the Central Bureau of Investigation to take necessary steps for the issuance of a red corner notice against a father, a US citizen, who took his 8-year-old daughter to Nepal in violation of orders from court despite his involvement in a custody battle. with the woman.

Observing the continued contemptuous conduct of the father, a division bench consisting of Justice Siddharth Mridul and Justice Rajnish Bhatnagar, which dealt with a habeas corpus petition filed by the mother, also ordered the CBI to take action for the issuance of indefinite, non-dischargeable warrants against those involved.

The Court noted that the father’s conduct was contemptuous when he moved the estranged couple’s eight-year-old child from the jurisdiction of the High Court to the Federal Democratic Republic of Nepal under false pretences.

“…we deem it expedient to direct the Central Bureau of Investigation (CBI) to take steps for the issuance of indefinite, non-releasable warrants against the said persons and further to take the necessary steps for the Issuance of a Red Wedge Notice, as per law, and under the Extradition Treaty which exists between the Government of the Republic of India and the Government of the Federal Democratic Republic of Nepal, against Mr. Karan Goel , Defendant No. 4, in order to ensure his presence before this Court,“said the court.

It was the case of the mother that the father and his mother had crossed the international border into Nepal on April 16 allegedly using a new passport issued by the government of the United States of America.

By order dated April 17, 2022, a co-ordinated formation of the High Court had observed that the minor child had remained incommunicado with his mother since April 15 and it was apprehended that the minor child had, in all likelihood, was taken across the Nepalese border in violation of court directives.

Accordingly, the Court had ordered the Delhi Police to register an FIR against the offending parties under the relevant provisions of the Act.

In this context, the Court was informed by the lawyer representing the father that he was not inclined to comply with the instructions issued by the coordination panel.

Therefore, the Court ordered the father to present Mrs. the minor daughter who goes to school before the Court at the next court date, May 17th.

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