Pakistani-British national approaches Delhi HC seeking repatriation of his minor sons to UK

The petition has been moved following an order by the UK High Court.

The children were brought to India by the petitioner's wife and have been living with her in Delhi since September 2023.

The mother, who is also a UK citizen, has already initiated a custody petition before a Delhi court.

A Division Bench comprising Justices Prathiba M Singh and Amit Sharma has directed the respondent's wife to appear before the court with the children and to present their original passports on October 3.

Advocate Khalid Akhtar submitted that the petitioner is the father of the children and is not allowed to communicate with them. They are brought here by their mother.

Petitioner Riyaz Ayaz moved a habeas corpus petition through Advocates Khalid Akhtar, and Abdullah Akhtar, directing the respondent to produce the children before the High Court and, thereafter, direct their immediate return to the United Kingdom.

The petitioner has also sought direction from the wife to assist in the return of the children to the United Kingdom and to assist in enforcing the return order and ensuring the safe return of the children to their habitual residence in the UK.

He has also sought a direction restraining the wife from initiating or continuing any proceedings in India concerning the custody or guardianship of the children, in deference to the jurisdiction of the UK courts.

The plea has also sought to direct the wife to facilitate the communication facilities between the petitioner and the children.

It is stated that in 2006 the couple met in the UK and got married. Two sons were born out of wedlock in 2014 and 2018.

It is also stated in the plea that on 31 August, the respondent (wife) and children travelled to India with her sister.

"Before the respondent departed for India, her husband asked her for her father's phone number in India so he could stay in touch. But, shockingly, she gave the petitioner the wrong number," the petitioner alleged.

The plea also stated that on November 1, 2023, the respondent entered into an agreement notarised and stamped, although it mentions that the agreement commenced retrospectively from September 1, 2023, the same day on which the respondent landed in India.

Subsequently, the respondent moved a custody application before the Karkardooma District Court in New Delhi.

The petitioner asked the respondent to confirm their return to the UK as the children's visas (as British nationals) were set to expire on November 6 and 7, 2023.

"She told the petitioner that she had already applied for a visa extension for the children through someone her father knew. The petitioner was left with no choice but to give consent for the extension of the visa of the children. And so, the petitioner gave his consent on November 8, 2023," the plea added.

It is further stated that after around two weeks, the respondent communicated to the petitioner that a visa extension has been granted until February 14, 2024.

He also said that the respondent had brought all the documents with her to India without the knowledge of the petitioner and deleted all documents from the petitioner's laptop. And also brought Petitioner's personal hard drive.

On January 28, 2024, the respondent unexpectedly called the petitioner after a two-week period of no communication, informing him that all further communication would have to be through her advocate. The petitioner then received a summons from the Karkardooma District Court for a hearing scheduled on February 29, 2024.

On February 23, 2024, the petitioner moved to the UK High Court seeking a return order for the children who are British nationals because the mother has kept them without permission of their father and it is a criminal offence in the United Kingdom.

The UK High Court directed the respondent-wife to file a reply by February 27, whether the children should be made wards of court and whether the summary return of the children to England and Wales should be ordered.

The respondent did not appear in the virtual hearing before the UK High Court, nor filed a reply. "Thereafter, the respondent was directed that the children should be made available for video contact with their father on at least two occasions each week, Wednesday and Saturday. The respondent did not comply," the plea said.

The plea added that the respondent was further asked to file a reply before the UK High Court by April 5, 2024, in addition to the direction issued on February 24, to set out her position on whether it is her case that the proceedings in India should take precedence.

On April 4, 2024, the respondent sent the UK High Court a reply stating that she disputed the court's jurisdiction and that the appropriate forum for determining the children's welfare was India. She opposed any order requiring her to return the children to England and Wales.

The UK High Court held that the children were habitual residents of the UK and refused the reply of the respondent, who prayed for a stay of the petitioner's case.

"The UK High Court held the final hearing on August 9, in the matter of the kids' return order, and on August 16, it passed an order of return along with judgement for the children because the children are British nationals; cause of action - habitual residence and forum conveniens is the United Kingdom and not India," the plea said. (ANI)