In a rare situation, the Supreme Court has mandated an inquiry and the apprehension of a man who is part of contempt proceedings but successfully escaped to the United States, despite his passport being in the court’s possession. A panel of Justices Sudhanshu Dhulia and Prashant Kumar Mishra voiced skepticism regarding how the man departed the nation without his passport, questioning how he managed to travel internationally. “We are astonished as to how can the alleged contemnor/respondent leave for the USA or for that matter for any country without a passport, as his passport is in the custody of this court,” the bench stated. It subsequently issued a non-bailable warrant for his capture.
This case originates from a custody dispute between the man and his ex-wife concerning their child. The Supreme Court instructed the Ministry of Home Affairs to take all essential actions to detain him and bring him to justice.
The issue became apparent when senior advocate Vikas Singh, representing the man, informed the court that he had already departed for the US. The bench directed additional solicitor general K M Nataraj to aid the court in discovering how the respondent was permitted to exit the country and to investigate who facilitated his escape, including any involved officials. The case was scheduled for further hearing on February 19.
Previously, the court had decided that any transactions or property dealings involving the man, whether during or subsequent to the contempt proceedings, would be subject to its order. The case involves a contempt petition filed by the wife against her estranged husband, whom she wed in 2006. They shared a 10-year-old child but divorced in 2017. In 2019, an agreement was made, obligating the man to transfer custody of the child to his wife. However, he did not comply, resulting in contempt proceedings.
Despite being requested to appear in court, the man skipped hearings in January 2024, leading the court to issue its most recent directives.
