In a dramatic turn of events, the Supreme Court of India has issued a non-bailable warrant (NBW) against Manish Chhokar, the alleged contemnor in an ongoing child custody dispute, after it was revealed that he had left India despite his passport being in the custody of the court. The bench, comprising Justice Sudhanshu Dhulia and Justice Prashant Kumar Mishra, has sought an urgent explanation from the Union Home Ministry on how Chhokar managed to exit the country without legal travel documents.
Background of the Case
The case stems from a marital dispute between Rajyashree Chhokar (petitioner) and Manish Chhokar (respondent). The couple, who married in 2006, later moved to the United States, where they had a son, now 10 years old. Following their separation, Manish Chhokar obtained a divorce decree from the Circuit Court for the County of Oakland (Family Division), Michigan, USA, in 2017. Meanwhile, Rajyashree Chhokar initiated legal proceedings in India.
After protracted litigation, a settlement was reached before the Supreme Court on October 21, 2019, under which Manish Chhokar agreed to hand over custody of the child to his mother. However, when he failed to comply with the terms of the settlement, contempt proceedings were initiated.
Key Legal Issues
1. Contempt of Court: The respondent failed to hand over the child as per the 2019 settlement order, leading to contempt proceedings.
2. Child Custody Dispute: The case underscores international custody battles, where conflicting jurisdictional claims between India and the USA complicate enforcement.
3. Illegal Exit from India: The Supreme Court is now probing how Chhokar managed to leave the country despite his passport being seized, raising concerns over immigration lapses and possible connivance of officials.
Court Proceedings and Observations
During the hearing on January 29, 2025, Senior Advocate Vipin Sanghi, appearing for Rajyashree Chhokar, expressed grave apprehension that the respondent may have already fled the country, an argument that proved correct when Senior Advocate Vikas Singh, appearing for Manish Chhokar, confirmed that his client had indeed left for the USA.
The Supreme Court, visibly shocked and dismayed, made a scathing observation:
“We are amazed as to how the alleged contemnor/respondent could leave for the USA or any country without a passport, as his passport is in the custody of this Court.”
Following this revelation, the bench immediately issued a non-bailable warrant against Manish Chhokar and directed the Ministry of Home Affairs (MHA) to investigate the circumstances surrounding his departure. The court tasked Additional Solicitor General K.M. Nataraj with conducting an inquiry into:
– How Chhokar was allowed to exit the country without a passport.
– Which officials or individuals facilitated his departure.
– What measures can be taken to bring him back to India.
The Supreme Court has instructed the Home Ministry to take all necessary steps to locate and apprehend Chhokar. The court has also warned that any business transactions involving Chhokar’s assets in India will be subject to judicial orders.
