Justice Delayed ,is justice denied ?
Mother sacrifice’s in a child custody matrimonial law between 2 different countries
Justice Delayed , is justice denied ?
Delhi| In a typical NRI matrimonial quest, child matter remains unresolved and a an uphill task. Both Husband and wife were PRs of Singapore and the wife left the country along with the 9 year old child on account of being abandoned with no means and domestic violence. .
In the mean time, the Singapore court ordered for the child to be bought back to habitual residence because ha had filed for divorce under Women Charter. It should be noted that India is not a signatory to the Hague Convention and hence the wife continued to stay in Delhi,India. The husband acquired an exparte decree of divorce based on irrevertible breakdown of marriage and unreasonable behaviour, not ground under The Hindu Marriage Act (HMA) is an act of the Parliament of India enacted in 1955 which was passed on 18 May.
He came in 2016 to meet the child and used a destitute bench called CWC to seize physical custody by accusing the mother to be abusive. The bench is for street children and orphans. They are misusing their power to hand over custody in matrimonial disputes. There have been many such cases. Aryan was studying in G.D. Goneka Paschim Vihar and was an A grader in his class and no where close to the orbit of CWC.
The mother moved to the family court and was granted an anti suit injunction by Family Court, Tiz Hazari and the husband was restrained from proceedings with the custody in Singapore. Yet he breached the injunction and took custody. In the mean time the mother’s custody was rejected on the grounds that the child is living in Singapore and the court lacks territorial jurisdiction despite the anti suit injunction and restrain orders. None of her lawyer supported the mother when she appealed in high court and got mixed up with the husband. In the fag end, she had relief when the husband gave an undertaking that she can speak, meet and stay with the child. However the husband breached the undertaking after three calls. The mother has proceeded with contempt of court a remedy so that she can see her son and speak to him. Notices have been issued to the husband and the next date is 31 st July.
Will this mother create a history in the book of Indian Law by fighting for his son’s custody and Indian judicial system will take this case which has confused the Senior Advocates of India like ‘Ashok Arora’ ( President NRI International Love and Ex Supreme Court Bar Association ) and. ‘Advocate Prashant Bhushan’(Senior Supreme Court Lawyer of Public Interest) whether to take this matter at “International Court Of Justice”
Who is responsible in the time taking of proceedings of judicial system and who will pay the debt of time which mother sacrificed for her son without any mistake ?
