The Gujarat High Court has intervened in an international child-custody dispute involving an NRI family after the mother alleged that police personnel visited her residence late at night and subsequently took her to a police station in Navsari.
The matter concerns a young child whose father is residing in Australia and has approached the Gujarat High Court through a habeas corpus petition, seeking enforcement of visitation and temporary custody orders passed by Australian courts. The mother had brought the child to India and previously told the court that she was unable to return to Australia because of concerns relating to her safety, security and lack of support.
Editorial Insight
Key Highlights
Important points readers should notice.
Issue/Event: Alleged late-night police visit and station summons in child-custody case
Location: Navsari, Gujarat
Authority/Organisation: Gujarat High Court
Action Taken: Court ordered preservation of police station and residence CCTV footage
Impact: Mother and child’s personal appearance dispensed with until further orders
The dispute took a fresh turn after an affidavit submitted on behalf of the mother alleged that police personnel arrived at her residence at around 10:30 pm on September 8. According to the submission, discussions continued until around 11:45 pm or 11:50 pm, after which the police allegedly insisted that she accompany them to the police station to sign documents.
The mother told the court that she remained at the police station from approximately midnight to 1 am and was subsequently allowed to leave after assuring police that she and her child would appear before the High Court. Her counsel questioned the circumstances under which she was allegedly asked to visit the police station at such a late hour.
Taking note of the allegations, the High Court directed that CCTV footage from the relevant police station be preserved for September 8 from 10 pm to 1:30 am on September 9. The court also ordered preservation of CCTV footage from the woman's residence covering the period during which police personnel allegedly visited her home.
Editorial Analysis
Why This Matters
The case goes beyond the underlying international custody dispute because the High Court is now examining the circumstances surrounding the alleged late-night police intervention. Preservation of CCTV footage could provide an objective record of what happened at both the woman's residence and the police station and may help the court assess the allegations.
The court further directed that the footage be submitted with the required certificate under Section 65B of the Indian Evidence Act. The mother's affidavit was taken on record and a copy was directed to be supplied to the Additional Public Prosecutor.
The High Court has also dispensed with the personal appearance of the mother and the child until further orders.
