A Family Court in London, United Kingdom, has ordered back a custody case related to a five-year-old boy to the family court in Ahmedabad while asking his mother to return to India before September 10 along with him. As per the order, the woman has also been asked to facilitate her son’s online meetings with his biological father four times in a week.

Sanjiv Thanker, lawyer of the man who filed a suit seeking custody of his son, said, “The woman has boarded the flight to India and she has to land in the country before 11.59 pm on September 10 as per the order issued by a Family Division of the High Court in London. We have provided flight tickets for the woman and child as per the court order.”

Explaining how the case reached the UK, Thaker said, “We had filed an application before the family court in Ahmedabad seeking a restraining order on the wife from leaving the country along with the child. However, before the court could pass the order, she left the country with the child. Then we filed the suit in a London court. Earlier, the woman’s plea, challenging the jurisdiction of the family court in Ahmedabad on the ground that it could not hear the case as both the parties are overseas citizens, was rejected.”

Nimesh (name changed), a British citizen, married Nisha (name changed) five years ago after which even the latter became an overseas citizen. Nisha gave birth to a boy in 2016. The family returned to India with an intention to permanently settle here in 2018. They sold off their house abroad and Nimesh started his business in Ahmedabad.

Recently, Nisha left her husband along with their son following which Nimesh filed a suit in the Ahmedabad family court on the apprehension that his estranged wife may leave India along with his son. He filed the suit seeking that the passport of his son be deposited with the court. Before the court could issue an order, Nisha and her son left for the UK on July 6. The very next day the court issued an order in favour of Nimesh. On July 14, Nimesh filed a suit seeking custody of his son in the Family Division of the High Court in the UK.

When the case came up for hearing, the UK court sought opinions of the lawyers and issued the order in favour of Nimesh. The court upheld the contention raised by the man’s lawyer that the child’s ordinary place of residence is Ahmedabad.

“The order issued by Ahmedabad family court on July 7 was also placed before the UK Court. On September 3, 2021, the UK court directed the wife to return to Ahmedabad with the minor son and also directed the wife to submit the passport of her minor son in the Ahmedabad family court,” Thaker said.

The UK court’s order said, “Pending the Indian court resuming its substantive jurisdiction in respect of the child, the woman will continue to make the child available to the applicant father for WhatsApp or Zoom video contact on Tuesdays, Thursdays, Saturdays and Sundays, between 3 pm and 3.30pm for up to 30 minutes. 

(Only the headline and picture of this report may have been reworked by the LatestLaws staff; the rest of the content is auto-generated from a syndicated feed.)

Source Link

Picture Source :