New Delhi (Agency): The Supreme Court of India on Friday directed the Central Bureau of Investigation (CBI) to locate the address of a man living in the United States. The man was sentenced to six months in jail for his “contumacious conduct” and was fined Rs 25 lakh by the top court. This decision comes after a complex legal situation involving a family matter.
In January, the Supreme Court had found the man guilty of contempt of court because he did not follow a court order to bring his son back to India. The punishment for this failure was announced on May 16. The CBI is now responsible for ensuring that he is present in India to serve his sentence and pay the fine.
During the hearing on Friday, the CBI’s counsel explained to the Justices Sanjay Kishan Kaul and Abhay S Oka that the address given by the man was incorrect. Furthermore, since the man is an American citizen, the CBI would have to cooperate with the authorities in the U.S. to bring him back.
The bench responded by stating, “Counsel for CBI says that the address given by the respondent (man) is also incorrect. Though they are taking steps in Indian court, ultimately they will have to locate the address.” They further added that the CBI could use contacts in the U.S. “for the purposes of obtaining his address.”
During the hearing, the apex court noted that the man did not appear virtually, and his counsel was absent as well. When the address issue was brought up, the bench observed that the man will have to be traced and mentioned, “Ultimately, you have to start extradition. You will have to make some inquiry… to at least try to locate his address.” The court postponed the matter for further hearing on October 9.
In its order on May 16, the Supreme Court had said, “Considering his contumacious conduct, we propose to direct the contemnor to pay a fine of Rs 25 lakh and to undergo simple imprisonment for a period of six months for committing civil and criminal contempt.” It was also ruled that if the fine was not paid, he would have to face an additional two months in prison.
The case’s origin lies in a contempt petition filed by a woman who had married the man in 2007. She alleged that he breached an undertaking recorded in the court’s May 2022 order. The court noted that the situation was the result of an “unfortunate matrimonial dispute,” in which the child was the most affected.
According to the settlement’s terms, the child was to continue living in Ajmer, India, and complete his education until Class 10. Afterward, he would move to the U.S. to live with his father. Until then, he would visit the U.S. and Canada with his father every year from June 1 to June 30.
However, last year the man took his son to Canada on June 7 and did not bring him back to India. This action led to the contempt charges. The court also took note of the submissions that the child was subjected to alleged sexual abuse while in India, and a forensic investigation was in progress in the U.S. Therefore, the child could not return to India until the investigation was completed.
