New Delhi, Nov 11 (SocialNews.XYZ) The CBI on Thursday registered an FIR against an Indian-origin Kenyan national, who apparently secured the custody of his 11-year-old son by fraudulently obtaining a court's order in his favour last year.
The federal probe agency filed the FIR in the matter following the Supreme Court order on October 7. The court had directed the CBI to secure the child's custody and hand him over to his mother.
According to the First Information Report, Perry Kansagra, filed a petition before the Saket Court which allowed the custody of his son Master Aditya. This was challenged by the child's mother Smriti Madan Kansagra.
However, after approaching a family court, Delhi High Court, and then the Apex Court, he was able to fraudulently obtain a "Mirror Order", which supports the original order passed by the court which has exercised primary jurisdiction over the custody of a child.
The FIR stated that Perry approached the Indian court with 'unclean hands' and 'intention to defraud'. Prima facie, the accused has committed offences of kidnapping, abduction, giving false affidavit and false declaration or undertakings, the CBI stated and charged him under 181,193,363 and 365 of IPC. The top court had observed that "It is true that the child is now in Kenya. But he was taken to Kenya only on the basis of fraudulently obtained orders from this court."
The Secretary in the Ministry of External Affairs, and the Indian Embassy in Kenya are directed to ensure that all possible assistance and logistical support is extended to Smriti in securing the custody of the child," the bench noted in its 71-page judgment.
In last October, the Supreme Court had granted the custody of the 11-year-old child to his Kenya-based father, after he expressed his desire to live with him. The top court was informed that on May 21, the Kenyan high court had refused to recognise the order passed by it. The high court had said that the judgment being from a superior court of a non-reciprocating country, and in connection with the guardianship of a child, was not registrable in that court.
In December last year, the top court was informed that on November 9, the Kenyan court had registered its judgment. The mother had moved the top court saying India and Kenya are not reciprocating countries, therefore provisions of Kenya's Foreign Judgments (Reciprocal Enforcement) Act will not apply. However, her plea was dismissed.
She again moved the top court seeking a CBI probe. Senior advocate Sonia Mathur appeared on behalf of the mother.
On Thursday,the Top Court recalled its judgments passed in October and December last year, and ruled that the custody of the child with Perry is illegal and ab initio void.
"Issue notice to Perry as to why proceedings in contempt jurisdiction be not initiated against him for having violated the solemn undertakings given to this court, returnable on November 16, 2021. The registry is directed to register a suo motu contempt case and proceed accordingly," the top court said.
Source: IANS
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