New Delhi: The Supreme Court has issued an order seeking the personal appearance of a US-based man to show cause as to why contempt proceedings should not be initiated against him for not complying with the order to pay the fees of his son. A bench led by Chief Justice of India DY Chandrachud and comprising justices JB Pardiwala and Manoj Misra said, “We direct that the first respondent shall remain personally present before this court on January 3, 2024. A copy of this order shall be served on the first respondent through e mail, to be provided by the petitioner, in addition”. The apex court passed the order on December 15, after hearing advocates PB Suresh and Vipin Nair on behalf of the mother and the son.
The matter originates from a custody battle between the estranged couple over the son studying at the University of California in San Diego, US. “Despite sufficient opportunities, the first respondent has failed to comply with the solemn undertaking which was furnished to this court of paying for the tuition fees and living expenses of the son of the parties, who is pursuing education at the University of California at San Diego, US”, said the apex court, in its order.
The bench said, “Accordingly, we direct that a notice shall be issued to the first respondent to show cause as to why he should not be proceeded against under the Contempt of Courts Act 1971”. The counsel, representing the petitioners, suggested the court issue a direction to the government to pursue extradition proceedings if the man failed to turn up before it.
Aishwarya Bhati, Additional Solicitor General, who was representing the Centre, submitted that the first respondent (father of the child) is a holder of an Indian passport and, hence, the Union of India will abide by such directions as may be issued in that regard to secure his presence.
The bench noted that it passed an order on December 1, 2023, and the first respondent was directed to pay the amount due on or before December 5, 2023, failing which he was to remain personally present before the court on December 8, 2023, to answer the charge of being in breach of the orders of this court. “The first respondent has failed to pay the amount due”, noted the bench. The apex court has scheduled the matter for further hearing on January 3.
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