The Supreme Court on Tuesday took a determined step to unite a father and daughter, by ordering the latter not to take the child out of India till the next date of hearing on
March 5. The Court directed the child's uncle and aunt, settled in Australia, to remain present in Court that day. They are presently visiting India along with the child.
The Bench of Chief Justice Dipak Misra, Justices AM Khanwilkar and DY Chandrachud said, "As an interim measure, respondent nos. 4 and 5 (uncle and aunt) shall not remove the child from India. Respondent nos. 4 and 5 shall remain personally present on the next date (March 5)."
The order came on a petition filed by Ramswarup laluram Kabra seeking custody of his 12-year-old daughter, who was virtually kept hostage by her maternal uncles in Australia after the death of her mother. In normal circumstances, a father cannot be deprived of the custody of his own child upon death of the spouse.
For almost 12 years, Kabra has been trying to take possession of his daughter, who since her birth on June 17, 2005, has been staying with her maternal uncle Rajesh Bangur's family in Australia.
When Kabra told Court that the Bangur family is presently vacationing in India with his daughter, the bench directed Bangur's lawyer Udit Gupta to ensure their personal presence on the next date. When Gupta informed that the family would have left by that date, the bench said that the Bangurs must return to comply with its order.
Kabra came to the Supreme Court against a February 14, 2011 by a Federal Court in Australia that gave full "parental responsibility" to Bangur and his wife to raise the child. Kabra claimed this was illegal as Hindu Minorities and Guardianship Act 1956 required the child to be with father.