A report by Times of India on Tuesday, August 24, indicated that the unidentified businessman is wanted over kidnapping claims.
The businessman, a holder of dual Citizenship for both Kenya and the UK, was reportedly awarded the custody of his 11-year-old child after reportedly misleading the Supreme Court.
After flying with the child back to Kenya, the man was directed to obtain an order from the Kenyan court mirroring an agreement he had reached with the Indian Court and the child’s mother.
When the Supreme Court attempted to contact the man, the Indian Embassy in Nairobi noted that it could not locate him and that he was avoiding contact.
“We do not have a treaty with Kenya to enforce the order of the court and cannot serve him notice as he is a Kenyan citizen,” stated Indian Solicitor General Tushar Mehta.
The Supreme Court declared that it had begun exploring other options since the man had clearly invoked Indian jurisdiction before he got the child’s custody.
The man married an Indian national in 2007 and the two were blessed with an 11-year-old child in 2009. They later separated in 2012.
Mukul Rohatgi, a lawyer representing the man’s wife, suggested that the country should use its diplomatic relations with the UK to help nail the suspect.
The Indian court concurred noting that it would henceforth revoke an agreement earlier it had entered into with the suspect.
The suspect had been given custody in October 2020 after complying with an order in which he had been directed to deposit a number of documents.
The complications emerged after it was established that the Kenyan Courts do not recognise orders given by the Indian Court.
The case is set for hearing on August 27, 2021.