Delhi court orders FIR into alleged kidnap of minor by mother to Australia
A Delhi court has directed the police to register an FIR and launch a thorough investigation into a case where a two-and-a-half-year-old minor was allegedly taken to Australia without the biological father’s consent using forged visa documents.
Relying on the recent orders passed by Judicial Magistrate (First Class) Vikas Madaan at Tis Hazari Courts, the SHO of Tilak Nagar Police Station has been directed to register an FIR within seven days under Section 175(3) BNSS. The court explicitly observed that the allegations are serious and cognizable in nature, requiring a field investigation to be conducted by the state machinery as the evidence is away from the reach of the complainant.
According to the complaint, the minor child was illegally removed from India. The complaint alleges the active involvement of the mother’s father, retired Indian Army officer Ex-Subedar Major Joginder Singh, who allegedly travelled specifically from Melbourne to Delhi to facilitate this orchestrated move.
“The Court has rightly observed the gravity of the matter. Taking a minor across international borders without the consent of the father, based on fabricated documents, is a serious offense. We are hopeful for a fair, swift, and impartial police investigation as directed by the court to uncover the entire conspiracy,” said Advocate Monika Verman, representing the complainant.
“This incident exposes a significant flaw in the Australian immigration system, as my signatures were forged on the mandatory consent document (Form-1229) to obtain the child’s visa, which was granted without any cross-verification from me. My own Indian passport was stolen to facilitate this fraudulent process, and an Indian-origin migration agent based in Australia actively assisted in securing this visa through these fabricated documents. Since India is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction, while Australia is a contracting party to that Convention, navigating the legal framework requires direct administrative intervention; therefore, I have officially notified the relevant Australian immigration departments regarding the visa fraud, and have received an official acknowledgment from the authorities for due action,” he stated.
The complainant has also brought the matter to the attention of relevant Australian authorities, including the Australian Department of Home Affairs and the office of the Minister for Home Affairs, Tony Burke, who currently serves as Australia’s Minister for Home Affairs and Minister for Immigration and Citizenship. The cross-border child-welfare and return issues are also being pursued before the appropriate authorities. The matter will now proceed to the police investigation stage, and the allegations remain subject to investigation and due process of law.
