SC seeks Centre’s help to implement its order against Kenyan national in child custody case

ON THURSDAY, THE SUPREME COURT WAS INFORMED THAT ON MAY 21, THE HIGH COURT OF KENYA REFUSED TO RECOGNISE THE ORDER PASSED BY IT LAST YEAR

NEW DELHI: The Supreme Court has sought the help of the Indian government for the implementation of its order before a Kenyan court in a child custody matter, after it was told that the High Court in the African country refused to recognise its order.

The court granted permanent custody of an 11-year-old boy to his Indian-origin father Perry Kansagra, having a Kenyan passport, on October 28 last year. While doing so, the court required the father to obtain a “mirror order” from the Kenyan court reflecting the conditions and assurances arrived at between the parents, Perry and Smriti, before the apex court.

On Thursday, the court was informed that on May 21, the High Court of Kenya refused to recognise the order passed by the Supreme Court. The HC of Kenya situated at Nairobi said, “The Court makes a finding that the judgment from the Supreme Court of India, being from a superior court of a non-reciprocating country, and further being one in proceedings in connection with the custody or guardianship of a child, is not registrable in this Court.”

Even the father, a permanent resident of Kenya, failed to appear during the proceedings, giving an impression to the court that they had been misled. In December last year, the Supreme Court was informed that on November 9, 2020, the Kenyan court had registered the judgment of the Supreme Court.

With the child now outside Indian jurisdiction and the father in clear breach of the Supreme Court’s order, the bench of Justices UU Lalit and Ajay Rastogi requested Solicitor General Tushar Mehta to provide assistance in the case.

The bench said, “The boy is a Kenyan citizen, but the child is a ward of this Court as we were exercising loco parentis (in place of parents) jurisdiction. For the first time we are being told that the Kenyan court has not recognised our order. Mirror orders are generally recognised by all countries. We were earlier told that it has been registered. With this new development, this man (the father) is in contempt of this court. We are requesting the Union of India if this matter could be diplomatically taken up with the other country. Or else, we will have to deal with it.”

Mehta said, “At a personal level, I can ask the Indian Embassy officials at Kenya to call up the father and explain to him the situation and get him to follow the order. This matter can also be taken up diplomatically but only the Foreign Secretary will know what can be done.”