Sakina Tashrifwala
Published on: 30 November 2022 at 20:53 IST
The Delhi High Court said after hearing a Ukrainian woman’s request for custody of her 3-year-old son that it will want a child counsellor’s report because the boy has already suffered enough stress.
Snizhana Gupta, a Ukrainian lady, filed a habeas corpus petition with the High Court, claiming that her ex-husband, the child’s father, had taken her 3-year-old son to India.
The mother was instructed to meet the child at the High Court creche just till 5 PM by the division bench of Justices Sidharth Mridul and Talwant Singh. The court also ordered the child’s father, Akhilesh Gupta, to let him visit his biological mother and sister at the daycare centre.
The bench asked that the parties appear in person tomorrow at the hearing. The bench ruled that the parties’ temporary agreements must remain in effect until further notice. To be clear, Akhilesh Gupta will allow the child to talk to his mother and siblings in the High Court creche till 5 p.m.
The High Court’s child counsellor, Dr. Sanju Gambhir, is required to appear before the court tomorrow, the bench said.
The official from the Ukrainian government was not required to attend the session, according to the court.
The court stated, “Since lawyers and an interpreter are present, we do not want anyone from the Ukrainian government in the hearing.”
The petitioner’s interpreter Lydia stated during the court that she is from Ukraine and wants to return the child. He was brought here without permission, according to the respondent, Lydia claimed.
The bench declared that the child’s wellbeing is of utmost importance to the court. The bench ruled that the court is not concerned with the interpersonal dynamics between the parties.
“Our priority is ensuring the child’s welfare. We concur with the feelings. We look at this situation from the child’s perspective. You will have the chance; right now, is not the appropriate time.”
The bench stated, “Once we receive the report, we will assess where the child’s welfare resides.”
Earlier, the interpreter said that the petitioner had been given custody of the child.
The Court inquired that was the order passed ex parte. The petitioner’s counsel said that although the father had been up earlier in the hearing, he did not show up later.
On November 14, the Delhi Police informed the Delhi High Court that they had located the ex-husband of a Ukrainian woman and her 3-year-old son.
The mother had previously been questioned about her son’s wellbeing while they were connected through video conference and using an interpreter. The child was okay, according to the court.
On November 2, the High Court gave notice to the Delhi police, the Ministry of Home Affairs, and the Ministry of External Affairs in response to a habeas corpus request made by a Ukrainian lady seeking to find her 3-year-old son.
According to the mom, the child’s father, her ex-husband, unlawfully transported the child to India in March during the Russia-Ukraine War. The dad and his son must be found, the bench ordered Delhi Police to find.
Through lawyer Sravan Kumar, the woman appeared before the court and made a plea.
The petitioner had informed the panel that she is divorcée and that a Ukrainian court had granted her custody of her son in 2021. On the basis of fake paperwork, the father removed their son without telling her.
“Can you offer us a guarantee that at the moment any location in Ukraine is safe,” the bench had continued. When asked if she was positive that her ex-husband and child were in India, the woman’s translator responded that she was very certain that the child was on Indian soil.
Additionally, the mother stated that on March 23, when her ex-husband took her son for a stroll and did not come back, the boy had been abducted. In this context, a criminal investigation has been started in Ukraine.
It was added that the youngster is a citizen of Ukraine. It’s not possible to provide travel documents to enter India without first getting her permission. It demonstrates that the man used forged paperwork to bring her son to India.