New Delhi: The Supreme Court has condemned a Dubai court's order restricting the travel of a minor child in a matrimonial dispute, describing it as "atrocious" and a violation of human rights. A bench comprising Justices Surya Kant and N Kotiswar Singh has issued notice on a habeas corpus plea filed by the child's father, a Ghanaian citizen residing in Dubai, focusing on the limited issue of visitation rights.
"Issue notice for the limited purpose of granting visitation rights to the petitioner along with other ancillary reliefs, returnable on April 28, 2025," the bench ordered April 17.
During the hearing, the bench said that imposing a travel ban by a court in a matrimonial dispute would virtually amount to "house arrest".
The father alleged that his estranged wife, a resident of Bengaluru, took away their son from Dubai to India despite orders from a court in Dubai and claimed it was illegal confinement.
Taking note of the facts, Justice Surya Kant told senior advocate Nikhil Goel, appearing for the petitioner, "It was alleged that she (wife) was virtually being held in confinement. You secured a court an 'atrocious' order which was in complete violation of human rights. How can a court issue a travel ban on a child in a matrimonial dispute".
The bench said any court which believes in human rights will not like to pass any such order, as this would amount to putting someone in house arrest without holding them guilty.
The court also questioned the jurisdiction of the Dubai family court in granting a divorce decree, noting that both parties were Christians and not subject to Shariah law.
Advocate Goel submitted that the couple had married and resided in Dubai. The bench emphasised that the welfare of the child was paramount and supported the Karnataka High Court's decision to leave the matter to the local family court for resolution.
The husband has contested the December 10 order of the High Court, arguing that it mishandled his habeas corpus plea. He had approached the High Court seeking a directive for authorities to present their minor child before the court and transfer custody to him.
According to the husband, the couple married on April 19, 2018, under the Foreign Marriage Act of 1969, with the ceremony registered at the Consulate General of India in Dubai. Their child was born on January 24, 2019, and the family lived in Dubai until 2021. He alleged that his wife took their child and returned to India without his consent.
The wife denied the allegations of absconding or evading the court orders and said her travel to Muscat and later to India was necessitated by the physical, emotional and psychological abuse inflicted by her estranged husband, also adversely impacting the child.
The wife argued that her estranged husband had unlawfully imposed a travel ban on their son. She further stated that the Dubai court's custody ruling was based on Shariah law, which she deemed inapplicable, as both parties were Christians married under the Foreign Marriage Act.
(inputs from PTI)