Atrocious, violative of human rights: SC on Dubai court’s travel  curbs on minor in marital dispute

The Supreme Court has taken exception to a Dubai court’s order restricting the travel of a minor child in a matrimonial dispute; calling it “atrocious" and “violative of human rights".

Issuing notice on a habeas corpus plea filed by the child’s father — a citizen of Ghana and living in Dubai, UAE — on the limited issue of visitation rights, a Bench led by Justice Surya Kant posted the matter for hearing on April 28.

The Bench – which also included Justice N Kotiswar Singh – noted that imposing a travel ban by a court in a matrimonial dispute would virtually amount to “house arrest".

“It was alleged that she (wife) was virtually being held in confinement. You secured an ‘atrocious’ order which was in complete violation of human rights. How can a court issue a travel ban on a child in a matrimonial dispute,” the Bench told the petitioner’s counsel on Thursday.

The father alleged that his estranged wife, a resident of Bengaluru, took their son away from Dubai to India despite orders from a court in Dubai and claimed it was illegal confinement.

Any court, which believes in human rights, will not like to pass any such order as this would amount to putting someone in house arrest without holding them guilty, the Bench said.

Noting that both husband and wife were Christians and not bound by Shariah law, the Bench questioned the Dubai family court’s jurisdiction in passing a decree of divorce. Both the parties were married in Dubai and were residing there, the counsel replied.

The husband has challenged the December 10 order of the Karnataka High Court that left it to the local family court to decide the issues related to the child. The high court erred in deciding his habeas corpus plea, the husband contended.

Noting that welfare of the child was paramount, the Bench noted that the high court was correct in leaving it to the local family court to decide the issues.

The husband had sought a direction from the high court to the authorities to produce their minor child before the court and hand over the custody to him. He claimed they married on April 19, 2018 under Foreign Marriage Act of 1969 and it was solemnised and registered at Consulate General of India in Dubai. Their child was born on January 24, 2019 and the family resided in Dubai till 2021. The wife then took away their child and returned to India, he alleged.

However, denying the allegations of absconding or evading the court orders, the wife said her travel to Muscat and later to India was necessitated by the physical, emotional and psychological abuse inflicted by her estranged husband, adversely impacting the child as well.

Her estranged husband imposed an unlawful travel ban on their son, she said, contending the Dubai court’s judgment granting custody to the husband was based on Shariah law, which was inapplicable to the parties, as they were Christians married under the Foreign Marriage Act.

India