The Central Bureau of Investigation (CBI) on Wednesday registered FIR against a man under the Indian Penal Code (IPC) sections of kidnapping and abduction for 'fraudulently' obtaining custody orders of his son from an Indian court.
The FIR reads the accused, Perry Kansagra, approached the Indian courts, including the Family Court, High Court at Delhi and Supreme Court of India, with unclean hands and intention to defraud.
Only on the basis of the solemn undertakings submitted before various courts and the order dated November 9, 2020, passed by the High Court of Kenya projected to be a "Mirror Order", the custody of Master Aditya was handed over to Perry.
The orders of various courts, in this regard, were obtained by the accused based on false and fraudulent representations, thereby, playing fraud upon the courts and fraudulently taking Master Aditya from India to Kenya, thereby, prima facie committed offences of kidnapping, abduction, giving false affidavit and false declaration/ undertakings.
The Supreme Court has directed CBI, New Delhi to initiate appropriate proceedings by registering criminal proceedings against accused Perry Kansagra alias Perry and to secure and entrust the custody of Master Aditya to his mother Smriti Madan Kansagra.
The court has directed CBI to bring the child back from Kenya and it also directed the Secretary of Ministry of External Affairs and the Indian Embassy in Kenya to ensure that all possible assistance and logistical support are extended to Smriti Kansagra in securing her son's custody.
The court has also served a contempt notice to the father.