Delhi High Court Involved in International Custody Battle
Background
A Pakistani British national, Yasir Ayaz, has approached the Delhi High Court seeking the return of his two minor sons to the United Kingdom. The children, who are British citizens, were brought to India by their mother in September 2023 and have been living with her in Delhi.
Current Proceedings
The Delhi High Court has directed the mother to respond to the petition within two weeks. The court interacted with both parents, with the mother appearing in person and the father joining virtually. The mother has expressed her unwillingness to return to the UK with the children.
Legal Actions
The father has filed a habeas corpus petition, seeking the immediate return of the children to the UK. He has also requested that the mother be restrained from initiating custody proceedings in India, as the UK courts have jurisdiction over the matter.
UK Court Involvement
The UK High Court has previously ordered the return of the children to the UK, citing their habitual residence and nationality. The mother has contested the UK court’s jurisdiction, arguing that India is the appropriate forum for the case.
Next Steps
The Delhi High Court has scheduled the next hearing for October 24, 2024. In the meantime, the mother is required to allow unmonitored video calls between the children and their father.
Doubts Revealed
Delhi High Court -: The Delhi High Court is a big court in India that makes important decisions about laws and people’s rights in the city of Delhi.
International Custody Battle -: An international custody battle is when parents from different countries argue in court about who should take care of their children.
Pakistani British -: Pakistani British means a person who has connections to both Pakistan and the United Kingdom, like having family or citizenship in both places.
Jurisdiction -: Jurisdiction is the authority or power a court has to make legal decisions and judgments. In this case, it means which court has the right to decide where the children should live.
Video Calls -: Video calls are like phone calls, but you can see the person you are talking to on a screen, like on a computer or smartphone.
