Published On: November 11, 2021 at 21:02 IST
The Central Bureau of Investigation (CBI) filed a criminal case against a Kenyan Businessman Tycoon for filing a false Affidavit and taking child’s custody.
Indian Origin Perry Kansagara got married in 2007 and got divorced five years later, post divorced couple battled for the legal custody of their son.
A Delhi High Court allowed the father to have custody of his son, however, the aggrieved mother challenged the Order.
The High Court upheld the Trial Court Order but asked him to submit an undertaking before the Indian High Commission in Nairobi that asked him to submit to the jurisdiction of Indian Courts.
A three-Judge Bench headed by Justice UU Lalit asked Perry to obtain a mirror Order from the concerned Court in Nairobi that would reflect the direction contained in the Judgment of the Supreme Court of India and the same is to be filed before the honourable Court.
On 30th October 2020, Perry filed an undertaking before the Top Court that he will abide by all directions contained in the Order issued by the three-judge Bench of the Supreme Court.
The Apex Court noted that its Order has been registered and passed by the High Court in Nairobi. However, this May High Court of Kenya observed that the judgement of the Supreme Court was not “ register-able” and dismissed the summons filed by Perry.
26th August Perry filed another Petition in the High Court at Nairobi that there existed no valid mirror order and it was passed by the Apex Court of India and is incapable of compliance and enforcement.
The Supreme Court has asked the CBI to get the child back from Kenya and entrust the custody back to the mother.