The Supreme Court was recently taken aback upon discovering that a man facing contempt proceedings in a child custody dispute managed to travel to the USA despite having deposited his passport with the Court.

The Court had previously ordered him to surrender his passport. However, on January 29, it was informed that he had left India.

“We are amazed as to how can the alleged contemnor/respondent leave for USA or for that matter for any country without a passport, as his passport is in the custody of this Court.”, the bench comprising Justices Sudhanshu Dhulia and Prashant Kumar Mishra remarked.

The Court issued a non-bailable warrant against the contemnor and directed the Home Ministry to take all necessary legal measures to ensure his arrest and bring him to justice.

Further, the Court requested K.M. Nataraj, Additional Solicitor General (ASG) to apprise the Court “as to how the respondent was permitted to leave this country without a passport and leave of this Court. With the assistance of the Home Ministry, Govt. of India, he may also enquire and apprise this Court as to who assisted the respondent in escaping from the country and who are the officials and other persons involved in this.”

The Court was hearing a contempt petition in a child custody case where the respondent had been ordered to hand over the child to the petitioner (mother) but failed to comply. Despite being directed to attend all hearings, he was absent on January 22, 2025, even though his counsel had assured the Court of his presence on January 29, 2025.

When the case was heard on January 29, Senior Counsel Vikas Singh, representing the respondent, informed the Court that he had left for the USA, prompting the Court’s aforementioned observations.

Senior Adv. Vipin Sanghi represented the Petitioner

Senior Adv. Vikas Singh represented the Respondent