Indian mother’s UK return forced for residency hearing
15th December 2009 by: Deborah Jeff
The Indian Supreme Court has ordered a mother accused of “illegally detaining” her daughter to return to the UK and settle a child residency case.
Shilpa Aggarwal took her three-year-old daughter to India in October 2008 after telling her husband she was visiting for a holiday. Mrs Aggarwal then refused to return to the UK despite several court orders but time appears to have now run-out on her Indian dream.
In November last year, London’s High Court ordered Mrs Aggarwal to return to the UK and answer her husband’s case of illegal detention. The Delhi High Court upheld the decision and Mrs Aggarwal’s appeal was thrown out by India’s Supreme Court last week.
The Supreme Court has upheld the principle of “comity courts” in which one jurisdiction will enforce a judgement made in another, and legal experts claim the upcoming case in UK courts will set a precedent for similar international residency cases.
Born in the UK, Mrs Aggarwal’s daughter, Elina Mitta, is a British citizen and holds a British passport, in contrast to her parents’ Indian documents.
Although Elina will continue to live with her mother until residency is decided, Mrs Aggarwal has been ordered to submit her daughter’s passport and international travel documents with the father's lawyers within 72 hours of arrival in England.
The documents “will not be released to either party without the permission of a high court judge” to ensure that Elina is not snatched by either parent, according to Indian courts.
The Indian Supreme Court has ordered Mrs Aggarwal to return to the UK within “14 days service of this order” and there is now no option but to face Elina’s father.
Shilpa Aggarwal took her three-year-old daughter to India in October 2008 after telling her husband she was visiting for a holiday. Mrs Aggarwal then refused to return to the UK despite several court orders but time appears to have now run-out on her Indian dream.
In November last year, London’s High Court ordered Mrs Aggarwal to return to the UK and answer her husband’s case of illegal detention. The Delhi High Court upheld the decision and Mrs Aggarwal’s appeal was thrown out by India’s Supreme Court last week.
The Supreme Court has upheld the principle of “comity courts” in which one jurisdiction will enforce a judgement made in another, and legal experts claim the upcoming case in UK courts will set a precedent for similar international residency cases.
Born in the UK, Mrs Aggarwal’s daughter, Elina Mitta, is a British citizen and holds a British passport, in contrast to her parents’ Indian documents.
Although Elina will continue to live with her mother until residency is decided, Mrs Aggarwal has been ordered to submit her daughter’s passport and international travel documents with the father's lawyers within 72 hours of arrival in England.
The documents “will not be released to either party without the permission of a high court judge” to ensure that Elina is not snatched by either parent, according to Indian courts.
The Indian Supreme Court has ordered Mrs Aggarwal to return to the UK within “14 days service of this order” and there is now no option but to face Elina’s father.
Add new comment