Thu, 07 Dec 2023

New Delhi [India], November 22 (ANI): The Delhi High Court on Tuesday asked a Ukrainian woman to spend some time with her son in the High Court creche to revive the bond with him as the child was seen not to be talking to her in the court.

The woman appeared in the court after reaching India.

The High Court is hearing a habeas corpus plea moved by the woman alleging that her 3-year-old son has been brought to India by her ex-husband and father of the child. The matter has been listed for hearing on Wednesday.

A division bench of Justices Sidharth Mridul and Amit Sharma asked the woman Snizhana Grygorivna Gupta to spend some time with him in the creche at the High court to revive the bond with the child till 4 pm as he was not interacting with her well when she tried.

The father of the child Akhilesh Gupta said that he has no problem if the child spends time with his mother.

The bench said, "You should not have a problem as such because the mother can also take care of the child as well."The Delhi High Court on November 14 was informed that the Delhi police have traced the ex-husband of a Ukrainian woman and her 3-year-old son.

The man with the child had appeared before the court. Earlier the bench had issued notice to the man and requested him to appear before the court at the earliest.

The court was informed of the name of the child after asking.

Standing counsel for Central Government Ajay Digpaul informed the court that the father and son entered the territory of India on March 28, 2022.

Earlier, the mother was connected on video conferencing through an interpreter and asked about the well-being of her son. The court had said the child is fine.

The High Court on November 2 issued notice to the Ministry of Home Affairs, Ministry of External Affairs and Delhi police on a habeas corpus plea moved by a Ukrainian woman to locate her 3-year-old son.

The woman has claimed that the child was illegally brought to India by her ex-husband who is the father of the child in March during the Russia-Ukraine War.

The bench had directed Delhi Police to locate the man and his son.

The woman approached the court filing a plea through advocate Sravan Kumar.

The petitioner had told the bench that she is a divorcee and the custody of her son was granted to her in 2021 by a Ukrainian Court. The man took their son away without informing her on the basis of fabricated documents.

"The first priority is to locate your son. We will hear you thereafter. We will ask further questions if needed, once your son is located," the bench said earlier.

The petition moved by the woman also stated that the man was sighted in Assam and Bihar. He was living with her in Guwahati.

The bench asked the petitioner's counsel, "When you have information that he is in Guwahati, why did you not move to Gauhati High Court? Now Delhi Police will be hard-pressed to locate them in Assam. It is your own case that he is sighted in Assam or Bihar and you are moving to Delhi High Court.""How the court could direct that the child be sent back to Ukraine in such turbulent times," the court further asked.

The bench asked further, "Can you give us a guarantee that presently any area in Ukraine is safe... Is she certain that her ex-husband and child are in India," to which the woman's translator replied that she was completely sure that the kid is in the territory of India.

The woman also claimed that her son was kidnapped by her ex-husband on March 23 when he had taken the child for a walk and did not return. A criminal case has been lodged in Ukraine in this regard.

She also claimed that the child is a Ukrainian citizen. How can travel documents be provided to him to enter India without obtaining her consent? It shows that the man brought her son to India on the basis of fabricated documents. (ANI)

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