Delhi HC issues notice on plea moved by Ukrainian woman to locate her 3-year-old son
Nov 03, 2022
New Delhi [India], November 3 : The Delhi High Court on Wednesday issued notice to the Ministry of Home Affairs, Ministry of External Affairs and Delhi police on a habeas corpus plea moved by a Ukrainian woman to locate her 3-year-old son.
The woman has claimed that the child was illegally brought to India in March during the Russia-Ukraine War by her ex-husband who is the father of the child.
A division bench of justices Sidharth Mridul and Amit Sharma on Wednesday directed Delhi Police to locate the man and his son.
The bench also issued notice to the man and requested him to appear before the court at the earliest.
The bench granted time to the counsel for the Centre and Delhi Government to take instructions in the matter. Thereafter listed the matter on November 14, for further hearing.
Central Government standing counsel Ajay Digpaul had sought 3 weeks' time to file a response.
The court said, "You only need to tell us if they (father-son) have entered India."
"In the meantime, the Delhi Police is directed to locate the man and the three-year-old minor son," the bench further said.
The woman who approached the court filing a plea through advocate Sravan Kumar answered the court's queries through a translator virtually.
The petitioner told the bench that she is a divorcee and the custody of her son was granted to her in 2021 by a Ukrainian Court. The man took their son away without informing her on the basis of fabricated documents.
" The first priority is to locate your son. We will hear you thereafter. We will ask further questions if needed, once your son is located," the bench said.
The petition moved by the woman also stated that the man was sighted in Assam and Bihar. He was living with her in Guwahati.
The bench asked the petitioner's counsel, "When you have information that he is in Guwahati, why did you not move to Gauhati High Court? Now Delhi Police will be hard-pressed to locate them in Assam. It is your own case that he is sighted in Assam or Bihar and you are moving to Delhi High Court."
How the court could direct that the child be sent back to Ukraine in such turbulent times, the court further asked.
The bench asked further, "Can you give us a guarantee that presently any area in Ukraine is safe... Is she certain that her ex-husband and child are in India," to which the woman's translator replied that she was completely sure that the kid is in the territory of India.
The woman also claimed that her son was kidnapped by her ex-husband on March 23 when he had taken the child for a walk and did not return. A criminal case has been lodged in Ukraine in this regard.
She also claimed that the child is a Ukrainian citizen. How can travel documents be provided to him to enter India without obtaining her consent? It shows that the man brought her son to India on the basis of fabricated documents.
