Mumbai: The Bombay High Court recently directed that nodal officers be appointed in the Ministries of Home Affairs and Law and Justice with the responsibility to ascertain progress made in notices sent by various courts in India to foreign countries.
This direction came when a division bench of Justice Oka and Justice Anuja Prabhudessai was hearing a petition filed by a man who was not getting temporary custody of his minor son despite a court order.
After their marriage in U.K. in 1999, this couple solemnised their wedding in India in 2000. Their son was born in 2002 in the US. However, the two used to fight constantly and decided to stay separately. In 2003, according to an agreement, the man was granted custody of his son, following which the woman moved an application for custody in the USA. Meanwhile, the man brought his son to India while his wife filed for divorce in the US, which was granted. Since the woman had initiated criminal proceeding against her husband, he could not go back to the US.
Gujarat HC ruling
In 2007, the woman came to India and sought custody of her son. This was granted by the Gujarat High Court and she took him to USA. However, she was asked to send him to his father for a few days, which she did not.
The husband later moved for temporary custody of his son for a week before a family court in Pune which was rejected.
Last year he moved HC last year, which gave him temporary custody of 10 days. This was not implemented because the order was not served.
With the matter once again before HC, the court directed the registry to forward a true copy of this order to the Ministry of Law and Justice and Justice of the Government of India.
The court said, “We find that in large number of matters notices/processes are sent by this Court to foreign countries either through the Ministry of Home Affairs or through the Ministry of Law and Justice. However, there is no arrangement made by the said Ministries to communicate to the respective Registrars of the High Courts about the progress made in service of notices/orders. We therefore, propose to direct both the Ministries to appoint Nodal Officer so that the Registrars or Courts can contact that said Nodal Officer to get the requisite information about the service of process/notice.”
The court directed that the temporary custody of the child be given to the father. The court also directed the Department of Law and Justice of the Government of India to take up the matter with the Central Authority of North Caroline, USA on mutual legal assistance between both the countries.
The court further directed the Union of India to nominate nodal officers responsible for ascertaining the progress made in service of notices/processes sent by various courts in India.
