Bombay High Court
Aneesha Dutt vs Ashu Dutt on 11 April, 2023
Bench: R.D. Dhanuka, Gauri Godse
2023:BHC-AS:10698-DB
Digitally
signed by
VARSHA
VARSHA VIJAY
VIJAY RAJGURU
RAJGURU Date:
2023.04.11
902-ia-1780-2023-fca-17-2021.doc
12:23:51
+0530
varsha
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 1780 OF 2023
IN
FAMILY COURT APPEAL NO. 17 OF 2021
Ashu Dutt ... Applicant/Appellant
vs.
Aneesha Dutt ... Respondent
WITH
INTERIM APPLICATION NO. 2605 OF 2023
IN
FAMILY COURT APPEAL NO. 17 OF 2021
Aneesha Dutt ... Applicant
IN THE MATTER OF
Ashu Dutt ... Appellant
vs.
Aneesha Dutt .... Respondent
Mr. Rohaan Cama with Ms Ayushi Anandpara and Ms Neha
Achaliya i/by Ms Sapana Rachure, for the Appellant/Applicant in
IA/1780/23.
Mr. Santosh Paul, Senior Advocate with Mr Mahir Bhatt, Mr
Maithreya Shetty i/b Mr Wasim Ansari, for Respondent/ Applicant in
IA/2605/2023.
CORAM : R. D. DHANUKA AND
GAURI GODSE, JJ.
RESERVED ON : 31st MARCH 2023
PRONOUNCED ON : 11th APRIL 2023
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ORDER: (PER: GAURI GODSE J)
1. The issue involved in both Applications is regarding the
visitation rights of the Applicant in Interim Application No. 1780 of
2023 to meet his minor son Ahren. Ashu Dutt - the Applicant
("father") in Interim Application No. 1780 of 2023, is the father of the
minor child ("Ahren"). Aneesha Dutt - Applicant ("mother") in Interim
Application No. 2605 of 2023, is the mother of Ahren.
2. The Family Court Appeal No. 17 of 2021 is filed by the father
for challenging judgment and order dated 30 th September 2020
passed by the learned Judge of Family Court No. VII, Mumbai, in
Petition No. D-87 of 2012. By the judgment and order impugned in
the Family Court Appeal, the Petition filed by the father seeking
custody of minor children Ahren and Arshiya is partly allowed. By
the said impugned judgment and order, both parents are granted
joint custody of both minor children.
3. The father is held entitled to retain physical custody of Arshiya
(sister of Ahren), and the mother is entitled to retain physical
custody of Ahren. By the said impugned judgment and order, the
mother was directed to provide free access to the father, his parents
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(grandparents of Ahren) and to the siblings to meet Ahren. Arshiya
and Arnav are Ahren's siblings, and they have already attained
majority. By the same order, the father is directed to provide free
access to the mother to meet Arshiya. Arshiya has attained majority
during the pendency of the proceedings. Now the dispute between
the parties is with respect to the custody and access of Ahren.
During the pendency of proceedings before the Family Court as well
as this Court, various orders are passed by the Family Court, High
Court as well as the Hon'ble Supreme Court.
4. Interim Application No. 1780 of 2023 is filed by the father for
directing the mother to bring Ahren to India for interacting with his
siblings and the father during the summer holidays between 5 th June
2023 and 15th August 2023. Presently the mother and Ahren are
residing in Thailand. Ahren has dual citizenship in Thailand and
USA.
5. In the said Application, the father has also prayed for
imposing conditions upon the mother as previously ordered by the
Hon'ble Supreme Court by Order dated 25th August 2015 passed in
Civil Appeal No. 6516 of 2015 and Order dated 12th June 2019
passed by this Court and confirmed by Hon'ble Supreme Court by
order dated 17th December 2020 passed in Writ Petition No. 5376 of
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2019. The mother has filed Affidavit in Reply to oppose the said
Application.
6. Interim Application No. 2605 of 2023 is filed by the mother,
praying that this Court may interview Ahren by video conferencing.
She has also prayed for issuing notice to the Union of India and the
State of Maharashtra and immigration Authorities to ascertain as to
any Look Out Circular/Coercive Action/ order of detention has been
passed against her and Ahren. In the said Application the mother
has annexed previous orders passed by the Hon'ble Supreme Court
granting protection to her and Ahren to travel safely from India to
Thailand. The mother has also placed on record the details of
various proceedings initiated by the father against her. It is the case
of the mother that in view of various proceedings initiated by the
father, the said application is filed for seeking protective orders.
7. Litigation between the father and the mother has a chequered
history. There are various orders passed by this Court as well as the
Hon'ble Supreme Court. Before dealing with the merits of the
Applications, it is necessary to refer to the various orders passed in
a chronological manner. Following are the various orders passed by
Family Court, this Court, as well as by the Hon'ble Supreme Court;
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25th August 2015: Hon'ble Supreme Court allowed the Civil
Appeal No. 6513 of 2015 filed by the mother to challenge the
order dated 15th June 2015 passed by this Court by which her
application to take Ahren along with her to Bangkok was
rejected. The Hon'ble Supreme Court had set aside the order
passed by this Court and had permitted the mother to take
Ahren to Thailand for a period of two weeks with prior
intimation to the Family Court indicating the date of departure
and the date of return. The Hon'ble Supreme Court also
directed the mother to file an undertaking stating therein that
she and Ahren will return to India within a period of two weeks
from departure, and in the event, she does not return in terms
of the undertaking, the extent of her shareholding in the
companies mentioned in the report of the Registrar of the
Companies shall stand forfeited. This order was passed
during the pendency of the custody petition in the Family
Court.
12th June 2019: This Court decided Criminal Application No.
245 of 2019, filed by the mother and Criminal Application No.
296 of 2019, filed by the father in Criminal Writ Petition No.
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2330 of 2012. By the said Order, this Court permitted the
mother to travel to Thailand along with Ahren for a period of
three weeks. The said permission was granted on the
condition of the mother submitting an undertaking to this
Court that she, along with Ahren, would return to India on or
before 15th July 2019 and in case she failed to return along
with Ahren, her shareholding in the companies mentioned in
the report of the Registrar of the Companies and residential
flat situated at Juhu shall be forfeited.
18th January 2021: The Hon'ble Supreme Court disposed of
the Criminal Appeal No. 50 of 2021 filed by Ahren through the
mother, along with Criminal Appeal No. 51 of 2021. The
Hon'ble Supreme Court, in the said Order, had observed that
Ahren being a citizen of Thailand and the USA, there was no
reason that he should not be permitted to continue his
balance school education in Thailand in an appropriate school
to be determined by the mother who has his physical custody.
The Hon'ble Supreme Court further observed that the aspect
with respect to interaction between the siblings, interaction of
Ahren with his paternal grandparents and with the father,
Orders were already passed by the Family Court, and hence
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every endeavour shall be made to implement the same in its
true letter and spirit. Since the Appeal against Family Court
Order was pending before this Court, larger issue will be
decided in the Appeal pending in this Court. By the said order,
it was directed that Ahren will be brought to India during the
time when his siblings come to India, which information will be
given by Counsel to Counsel, and that arrangement should
also be made for the interaction of Ahren with the father and
paternal grandparents. The Hon'ble Supreme Court thus
disposed of the Appeal, thereby directing that all concerned,
including the authorities, act in furtherance of the directions
that were passed by the Hon'ble Supreme Court so that Ahren
can travel to Thailand under the custody of the mother for
school education.
14th February 2022: Miscellaneous Application No. 238 of
2022 filed by the mother was decided by the Hon'ble
Supreme Court, thereby directing that the Order dated 18 th
January 2021 would continue to operate for the benefit of
Ahren and the mother and in view of the statement made by
the Counsel for the father that there was no occasion for him
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to obstruct the same. The Hon'ble Supreme Court thus
directed the Immigration Authority at the Airport not to obstruct
in any manner the to and fro travel of the mother and Ahren.
In view of the orders passed by the Supreme Court, which
were in furtherance of the objective of interaction with the
family, by the said order, the Immigration Authorities were
directed to accordingly update the system and permit free
passage of the mother and Ahren in all manner.
5th May 2022: The Family Court passed an Order below
Exhibit 27 in Petition No. RD-251 of 2020 filed by the father
and directed the mother to hand over custody of Ahren to the
father for the first half of the summer vacation and directed
the father to hand over back the custody of Ahren to the
mother after completion of the access period.
5th July 2022: This Court, while hearing Interim Application
Stamp No. 93897 of 2020 filed by the mother, had interacted
with Ahren through video conferencing. This Court, in the said
order, has in detail recorded the observations on the
interaction of this Court with Ahren. This Court, after recording
the details of the interaction with Ahren, adjourned the hearing
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of the Application to enable the parties to reconcile the
thought process expressed by Ahren.
2nd January 2023: The Hon'ble Supreme Court disposed of
Miscellaneous Application No. 2208 of 2022 filed by the
mother. The Hon'ble Supreme Court referred to its orders
passed on 18th January 2021 and 14th February 2022, as well
as the order of this Court, passed on 5th July 2022. The
Hon'ble Supreme Court expressed a view that it will be in the
fitness of thing that this Court works out the arrangement for
siblings to interact with each other and Ahren to interact with
the father personally. The Hon'ble Supreme Court thus
observed that endeavour should be made to see in what
manner and where the physical interaction would be possible
with the siblings and the father in a suitable manner, but in
terms of orders dated 18th January 2021 and 14th February
2022 passed by the Hon'ble Supreme Court.
8. Thus, both the present applications are required to be
decided in view of the observations made by the Hon'ble Supreme
Court in the Order dated 2nd January 2023. Since the short issue to
be decided is with respect to the visitation rights of the father to
meet Ahren, it is important to understand the feelings of Ahren as
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well as in what manner it will be in the best interest of Ahren to meet
his father. Ahren is now 15 years old. This Court, in the Order dated
5th July 2022, has in detail recorded the observations regarding the
conversation with Ahren. This Court has recorded the thoughts
expressed by Ahren during the interaction held on video
conferencing. From the observations made by this Court, it appears
that Ahren has suffered a setback in view of the litigation bitterly
fought by his parents. To better understand the state of mind of
Ahren, it is necessary to reproduce paragraphs 3 to 9 of the Order
dated 5th July 2022, wherein this Court has recorded the details of
the interaction with Ahren. Paragraphs 3 to 9 of the Order dated 5 th
July 2022 read thus:-
"3. Ahren was alone in his room in front of his laptop.
The side camera gave a clear view of the entire room.
We asked Ahren to tell us about himself. He said he was
15 years old. His school had recently commenced
physical attendance classes and he was attending
classes in school and was busy with the same. On
being asked about his ambition and future plans in life,
he replied that he wanted to study Aerospace
Engineering in the United States and more specifically,
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had a clear notion of studying in Massachusetts Institute
of Technology (MIT) or any of the IVY League colleges
in the US to nurture his dream and ambition. Despite
being in school, he told us that he had already
commenced aligning his thought process towards
studying to attain his desired goal and had earnestly
began his preparations. He told us that he had done a
fair amount of research about his future career
prospects in his desired field of Aerospace Engineering
and allied studies. Ahren had a clear mind while
interacting and speaking with us.
4. Thereafter, we asked Ahren about what he felt
about having to meet his biological father as his father
was keen to meet him. To that Ahren's reply was very
clear and blunt. He told us that he would not like to meet
his father due to vivid, strong and very unpleasant
memories of certain incidents etched in his mind which
had occurred 5-7 years ago when he was living in
Mumbai along with his mother in the flat situated a few
floors below the flat in which his biological father was
staying along with his two elder siblings and his family.
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Ahren told us that the incidents had left a deep scar on
his mind and recalled the incidents viz. police personnel
in uniform visiting and knocking on the doors of the flat
which was occupied by him and his mother and
questioning them; as also another incident when his
father indulged in constant banging on the door of the
flat occupied by him and his mother and threatening
them. Ahren recalled the shouting and chaotic
atmosphere due to the estrangement between his
mother and father. After recalling some incidents Ahren
was very clear in his mind and expressed that he would
not want to meet his biological father and accept his
proposal of having to meet him in India as he feared that
he might lay a trap for him and take him away to live in
India and thereafter not allow him to return to his mother
in Bangkok. During this conversation, Ahren was very
clear, unperturbed, erudite and appeared transparent to
both of us.
5. Thereafter we asked Ahren as to whether he would
like to meet his father either in Singapore or any other
neutral place of his choice to which once again he was
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very clear that he would not want to leave Bangkok to
meet his father. He completely ruled out the possibility
of leaving Bangkok and travelling either to Mumbai or
New Delhi, Singapore, Malaysia or any other neutral
place suggested by him. However, he clearly
expressed that he would not hesitate to meet him in
Bangkok, if the father so desired though he was not
keen even for that. He was also not keen to meet his
paternal grandmother.
6. Thereafter, we asked Ahren about his thoughts on
his two elder siblings who lived with his father and were
now studying in USA and were visiting India for their
summer holidays. Ahren told us about the age
difference between him and his two elder siblings and
that he did not have much interaction with both of them,
save and except on certain occasions during rakhi or
Diwali festival. He was very clear in his thought process
again when he told that since he had grown up now and
was in a position to understand and make his decisions,
he would be extremely happy to meet both his siblings
and interact with them. He understood that there was
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nothing wrong or incorrect in interacting with his elder
siblings, though he told us that in the past he had
repeatedly made earnest efforts on his own accord to
interact with both of them by sending them birthday
messages and / or wishing them on their birthdays or
sending them a card. He told us that he did not receive
any reply from them but this did not disturb him or make
him sad at all and he held no grudge whatsoever and
would be more than happy to meet and interact with
both of them. We told him since both were in India for
their summer vacation for a short time, would he want to
meet them. He firstly said no and told us that he would
be wiling to meet them and welcome them with open
arms and interact with them but that would only be
possible if they travel to Bangkok. He told us that he did
not like to travel to India or USA to meet them in view of
the apprehension expressed by him about his father.
He also said when he met them in the Family Court,
they would only try to make him change his mind about
their mother.
7. Ahren told us that he had arranged for Zoom
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meetings with his family members, i.e., biological father,
siblings and all other family members on his own accord
on atleast 16-18 occasions in the last couple of years.
He told us that he had taken the initiative but he found
neither his father or his siblings attended the Zoom
meetings. We lauded him for his clear thought process
and requested him to continue holding the Zoom
meetings with his family members and suggested to the
Advocates and Counsel of both sides to request the
family members of their respective clients to attend the
Zoom meetings in future to build an interaction between
the parties and more specifically the children.
8. After the above communication we called the
Advocates and Counsel in Chamber and had a further
dialogue with Ahren after informing him that the
Advocates and Counsel would now be listening to his
thoughts and decision. Once again we had a similar
and identical dialogue as above with Ahren. Ahren was
told to repeat what he had told us. At this time, once
again Ahren was very clear in his speech and
formulation of his reasons which he had expressed to us
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earlier. We expressed ourselves to Ahren and told him
that he should consider the request of his father to meet
him but his reply and answer was very clear. He was
not keen to meet his father, but for both his siblings, he
was ready to receive them in Bangkok with open arms
without having any pressure whatsoever from his
mother.
9. Ahren told us that he is extremely happy staying in
Bangkok in the company of his mother and his maternal
grandparents. He told us that he did not harbour any
animosity or grudge against his father as also both his
siblings and stated that on more than one occasion he
missed having his elder siblings in his life so that he
could look to them for advise and a healthy interaction.
He told us and promised us that he would endeavour to
continue his initiative of having Zoom meetings and
dialogue with his elder siblings in future as a member of
the family."
9. Learned counsel appearing for the father submitted that
though joint custody was given, the father was unable to have the
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company of Ahren as the physical custody of Ahren was always with
the mother. The learned counsel for the father invited our attention
to the affidavit in reply filed on behalf of the mother. In the affidavit,
copies of WhatsApp chats between the parties and the photographs
are attached. In the photographs, the mother and Ahren are seen
waiting for the father to join the Zoom meetings. In the affidavit, it is
contended that the father refused to attend the Zoom meetings
arranged by the mother. It is submitted by the learned counsel for
the father that the photographs regarding the Zoom meetings
appear to have been deliberately clicked to create an impression
that Ahren was very happily waiting to meet his father, however, the
father refused to join the meeting. Learned counsel submitted that
considering the bitter litigation between the parties, it was not
expected that the father would meet Ahren in the presence of the
mother and her parents, who would have never allowed the father to
interact with Ahren freely.
10. Learned counsel for the father relied upon the dates and
events in a chronological manner and submitted that the mother has
objected to/thwarted access between the children. He submitted
that the dates and events would make it clear that the father has
always made an attempt to meet Arhen. He further submitted that
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nothing was produced on record in support of the allegation that any
Look Out Circular was issued at the behest of the father, and that
such apprehension expressed by the mother was baseless. Learned
counsel submitted that perusal of the reply of the mother would
show that she has only given empty assurances to bring Ahren to
India. However, she has never complied with the assurances given
by her. All the assurances given by the mother were subject to
conditions which are not acceptable.
11. Learned counsel further submitted that the facts and
circumstances of the case would show that Ahren is suffering from
Parental Alienation Syndrome. Learned counsel relied upon the
decision of this court in the case of Perry Kansagra1. By relying
upon the said decision, it was submitted that it was necessary to put
the mother to conditions in order to ensure compliance with the
assurance given by her. He thus submitted that the conditions
imposed by this Court by order dated 12th June 2019, as well as by
the Hon'ble Supreme Court in Order dated 25th August 2015, are
required to be imposed upon the mother for the purpose of
compliance with the assurances given by her. He thus submitted
that it would be necessary to direct the mother to submit an
1 2022 SCC OnLine SC 1516
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undertaking that in any event she refuses to abide by the
assurances and fails to bring Ahren to India, she would forfeit her
right in the company as well as her right in the flat. Thus, it was
submitted that the application filed by the father be allowed by
imposing conditions upon the mother.
12. Learned senior counsel appearing on behalf of the mother
submitted that the real interest of the father is with respect to
securing the assets and safeguarding his interest for the dispute,
which is pending in NCLT. The learned senior counsel submitted
that in the year 2012, the mother, as well as Ahren, were detained
under the National Security Act at the behest of the father. The
paternal grandfather of Ahren was an IPS officer, and by misusing
his power, various false complaints were initiated against the
mother. In view of the false complaints, the mother was detained
under the National Security Act and was required to seek assistance
from the All India Women's Conference.
13. The learned senior counsel referred to various FIRs lodged
by the father against the mother in Mumbai as well as Bhopal. He
further submitted that due to the intervention of the All India
Women's Conference, there were orders passed by Hon'ble
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Supreme Court for the protection of the mother. He submitted that
the records and proceedings would show that the Look Out Circular
was issued against the mother and Ahren. It was also apparent that
the father, with the assistance and influence of his ex-IPS father,
had managed to lodge a Look Out Circular against Arhen, who was
four years old, as well as against the mother. Learned senior
counsel also referred to the order passed in the domestic violence
case initiated by the mother, which was partly allowed, and the
father was directed not to commit any domestic violence against the
mother and he was restrained from filing any complaint against the
mother and her relatives.
14. Learned senior counsel referred to the Order passed by the
Hon'ble Supreme Court on 9th April 2018 in the Writ Petition, which
was filed by All India Women's Conference for seeking protection
orders for the mother and Ahren. In view of the intervention of the All
India Women's Conference, the Hon'ble Supreme Court had
directed all the concerned parties to act in furtherance of the
directions passed to enable the mother and Ahren to travel to
Thailand for his school education. Learned senior counsel further
referred to various ongoing litigations filed by the father against the
mother and expressed apprehension that, in any event, if
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proceedings are initiated against the mother during her visit to India,
it is likely that she will be detained in India. In the event she is
detained, resultantly Ahren will also be detained in India, which will
hamper his education in Thailand.
15. The learned senior counsel placed on record written
arguments on behalf of the mother and prayed that it would be
necessary to pass directions for the safety and security of Arhen
and the mother by issuing directions to the Central Agencies as well
as the State Agencies to ascertain whether any detention orders or
Look Out Circular have been issued against the mother and Ahren.
It was further submitted in the written arguments that Ahren should
be brought to India during the ten days period wherein he is able to
visit India, as during the other dates, Ahren is required to complete
his internship. It is further submitted in the written arguments that
the father should be directed to file an undertaking that he will not
initiate proceedings and or trigger proceedings already filed by him,
which would result in the detention of Ahren and the mother. Thus, it
was submitted that the mother is ready and willing to visit India
along with Ahren to enable the father to meet Ahren. However, it
was submitted that it is necessary to pass directions for the safe
travel of the mother and Ahren to India as well as back to Thailand.
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16. We have heard both parties at length. We had requested both
learned counsel to take instructions if both the parties are willing to
give assurances to each other to take care of their respective
apprehensions. However, considering the vehemence in the
arguments and opposition to each other's submissions, we thought
it fit to examine the contentions raised by both parties on merits and
decide the matter by keeping in mind the parameters suggested by
the Hon'ble Supreme Court in Order dated 2nd January 2023. We
have considered the rival contentions and perused the record.
17. This is an unfortunate case where due to a bitterly fought
matrimonial dispute between the parents, the children have
suffered. In our country, matrimonial disputes constitute the most
bitterly fought adversarial litigation. A stage comes when warring
couples stop seeing reasons. The children are treated as chattel. In
such cases, the role of the Court becomes crucial. The Court is
required to exercise parent patriae jurisdiction and compel the
parties to do something which is in the best interest of the child.
18. It is important to note that children cannot be treated as
chattel or property where the parents would have absolute rights
over the destiny and life of their children. The paramount
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consideration is the welfare of the child and not the legal rights of
the parents. In the present case, Ahren, who is 15 years old,
appears to be very clear in his thoughts and his future prospects.
Thus, Arhen is required to be treated as an individual, and it is also
necessary to respect his thoughts. If his thoughts and views are not
given due weightage, the same can be detrimental to his future.
Hence, it is necessary to strike a just and proper balance between
the requirements of the parents and the welfare of Ahren.
19. This is a very peculiar case where considering his past
experience, Ahren has shown an unwillingness to meet his father.
However, Ahren has expressed his willingness to meet his elder
siblings. Ahren's elder siblings Arnav and Arshiya are now major.
They were always residing with their father and presently are taking
education in the USA. Due to the bitterly fought litigation between
the parents, Ahren was deprived of having the company of his father
and elder siblings. For the healthy growth of a child, it is necessary
that a child has the company of both his parents as well as his
siblings. Ahren is at a formative age as well as in a crucial stage of
his education. It is thus necessary to strike a balance in deciding on
the right of a father to meet his son Ahren, the right of Ahren to meet
his elder siblings and the right of Arhen to have the company of his
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father, by keeping in mind the views and wishes of Ahren.
20. Due to unfortunate incidents in the past, which have
remained in Ahren's mind as scars, he has shown an unwillingness
to meet his father. However, it is brought on record that Ahren had
made attempts to organise zoom meetings to meet his father and
siblings. It is in the interest of Ahren that he has the company of
both his parents. It is also in the interest of Ahren that the scars in
his mind due to the unfortunate incidents in the past are washed
out. Both parents, who are bitterly fighting the litigation and are
trying to impose their respective rights and wishes on Ahren, are
expected to give preference to the welfare of the child over their
own rights.
21. It will never be possible for the Applicants to rewind the clock
and give Ahren a healthy, happy and complete family, which he
always deserved. However, both the parents should express some
regret and take this as an opportunity and adopt corrective
measures and help Ahren wash out the scars in his mind. They
should give utmost priority to the welfare of Ahren and provide him
safe and comfortable atmosphere to interact with his entire family.
22. From the material on record, we are of the opinion that Ahren
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is quite clear in his mind that he has no grudge whatsoever and
would be happy to meet his elder siblings and interact with both of
them. Though Ahren has expressed his unwillingness to meet his
father, he has also said that he has no grudge against him.
23. Hence, in such a peculiar situation, it is the responsibility of
the Court to enter into the role of a guardian for the child and, by
considering the paramount interest of Ahren, decide in what best
manner, Ahren will be able to meet his father as well as his elder
siblings and paternal grandmother. At the same time, the checkered
history of the litigation between both Applicants cannot be ignored.
24. From the earlier orders passed by the Hon'ble Supreme
Court, it is clear that Central Agency and Immigration Agency were
required to be directed to allow the mother and Ahren free and safe
passage to travel to Thailand from India. The litigation between the
parents is fought bitterly. However, the child is not expected to suffer
the brunt of the litigation of the parents. In such peculiar facts and
circumstances of the case, it is necessary to issue directions which
will be in the interest of Ahren. The fact also cannot be ignored that
though there was an Order passed by the Family Court, the mother
has not complied with the Order, and the end result is that Arhen
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was unable to meet his father and his siblings. The mother may
need protection as, in view of past experiences, she has avoided
travelling back to India.
25. Thus, it will also be necessary to protect the mother, who is
expected to travel to India only to enable the father to meet Ahren.
In view of the aforesaid facts and circumstances, we do not find any
reason for imposing any conditions on the mother as submitted by
the learned counsel for the father.
26. When we direct the mother to come to India with Ahren so
that he can meet his father, the visit of the mother, as per the orders
of the Court, will be only for the welfare of Ahren. Thus, the father is
expected not to create any obstacle in the way of the mother
returning with Ahren. In such an event, if the mother is not allowed
to go back safely, it will do all harm to Ahren as his educational
career in Thailand will be destroyed. Considering the past incidents,
it is necessary that this important aspect is borne in mind by the
State and Central Agencies. It is necessary that these agencies note
that the mother - Aneesha Dutt, would come to India under the
order of this Court only for the sake of Ahren, and therefore she
must go back with Ahren safely.
902-ia-1780-2023-fca-17-2021.doc
27. Hence, the following order is passed:
a) The mother, Aneesha Dutt, is directed to file a duly sworn
affidavit-cum-undertaking by herself in this Court on/or
before 17th April 2023, thereby intimating the dates of her
visit to India along with Ahren for a period of ten days as
per the dates convenient to Ahren. The affidavit-cum-
undertaking shall also indicate the time and place
convenient for Ahren to meet his father, elder siblings, and
paternal grandmother.
b) During the visit to India, the mother, Aneesha Dutt, will
reside at her residence at F-1 Beach House, Juhu,
Mumbai, along with Ahren.
c) The father, Ashu Dutt, is directed to file a duly sworn
affidavit-cum-undertaking in this Court on/or before 17th
April 2023, thereby stating that he shall not initiate any
complaint or trigger any action for the arrest/detention of
Aneesha Dutt and Ahren. The affidavit-cum-undertaking
shall also state that he will not create any obstacle in the
way of Aneesha Dutt and Ahren during their visit to India
and their travel back to Thailand.
902-ia-1780-2023-fca-17-2021.doc
d) The concerned State Agencies and Central Agencies shall
ensure that in view of the directions issued by the Hon'ble
Supreme Court in an Order dated 14th February 2022 in
Miscellaneous Application No. 238 of 2022, the mother,
Aneesha Dutt and Ahren shall not be obstructed in any
manner during their visit to India for the purpose of
granting access to the father Ashu Dutt to meet Ahren and
no hurdle is created to enable them to safely go back to
Thailand.
e) The mother, Aneesha Dutt, is at liberty to submit a copy of
this order before the concerned State Agencies and
Central Agencies to seek necessary protection for safe
travel to India and back to Thailand.
f) Office is directed to list this matter on 21 st April 2023 for
recording compliance and further directions. To be listed
high on board.
(GAURI GODSE, J.) (R. D. DHANUKA, J.)
