The apex court questions the jurisdiction of a Dubai court in a child custody case pending before an Indian family court
In a sharp rebuke to a ruling by a Dubai court, the Supreme Court of India has termed the imposition of a travel ban on a minor child as “atrocious” and questioned the legal validity of the foreign order. The observations came during the hearing of a habeas corpus petition filed by Prince Richard, a Ghana national residing in Dubai, who sought custody of his son, currently in India, reported hindustantimes.com.
The bench, comprising Justices Surya Kant and N Kotiswar Singh, raised questions over the Dubai court’s jurisdiction, especially since the custody dispute was already under consideration by a family court in Bengaluru.
The court also criticized the applicability of Sharia law to the case, as both parents, Richard and his Indian ex-wife, are Christians and were married under the Foreign Marriage Act of 1969.
The Supreme Court further took note of serious allegations made by Richard’s estranged wife, who informed the Karnataka High Court that she had faced physical and mental abuse in Dubai, which compelled her to leave the country with her child.
The Supreme Court highlighted the coercive misuse of foreign court orders and underscored that the child’s best interest must be decided by the Bengaluru family court
She also alleged that Richard had coerced her into withdrawing her divorce petition in exchange for lifting the travel restrictions on their son.
Calling the Dubai court’s order a tool of coercion, the Supreme Court remarked, “You secured an order because those courts are well known for passing this kind of atrocious orders. Any court believing firmly in human rights, civil rights will not pass this order that you and child are restrained from moving.”
The apex court upheld the Karnataka High Court’s direction, reaffirming that the Bengaluru family court is the appropriate forum to decide custody based on the child’s welfare. The case has been listed for further hearing on April 28, when the court will also consider granting Richard temporary visitation rights.
