Delhi HC orders Interpol Red Corner Notice against UK-based OCI over child maintenance default
Synopsis
Key Takeaways
The Delhi High Court has directed the Central Bureau of Investigation (CBI) to initiate proceedings for the issuance of an Interpol Red Corner Notice against a United Kingdom-based Overseas Citizen of India (OCI) cardholder found guilty of wilfully defying court orders to pay interim maintenance for his minor daughter. The direction came in a judgment delivered on Wednesday, 2 July by a single-judge Bench of Justice Sachin Datta.
What the Court Found
Justice Datta held that the respondent had shown a 'consistent, deliberate, and calculated disregard' for orders passed by both the family court and the Delhi High Court. The contemnor had repeatedly refused to participate in proceedings before Indian courts and had failed to pay ₹1.40 lakh per month in interim maintenance directed for his minor daughter's welfare, despite multiple opportunities to comply.
The court also noted that the respondent had ignored subsequent directions requiring payment of arrears and disclosure of financial records. Rejecting his claim of financial incapacity, the Bench found it unsupported by credible material and indicative of deliberate evasion rather than genuine inability.
The Contempt Sentence
Holding the respondent guilty of civil contempt under the Contempt of Courts Act, the Delhi High Court sentenced him to six months' simple imprisonment and imposed a fine of ₹2,000. The court recorded that his conduct demonstrated 'complete disregard for judicial authority' and warranted the invocation of its contempt jurisdiction.
Notably, the respondent had sent an email categorically declaring: 'I hereby declare that I am withdrawing from the jurisdiction of the Indian Courts, and I will no longer be participating in this case or any related legal proceedings in India.' The court treated this as a clear expression of deliberate non-compliance.
International Mechanisms Invoked
Taking note of the contemnor's continued absence from India, Justice Datta directed the CBI to make an appropriate request to Interpol for issuance of a Red Corner Notice — specifically 'for the purposes of locating, arresting, and detaining him, and for informing the CBI as well as this Court of his whereabouts.' The court additionally directed the CBI to pursue an Interpol Diffusion notice to facilitate tracing, apprehension, and detention.
The Foreigners Regional Registration Office (FRRO) was also directed to alert relevant police authorities and the CBI to secure the respondent's arrest upon any return to India, ensuring execution of the sentence imposed.
Next Steps
Justice Datta ordered authorities to prepare arrest warrants and committal warrants against the contemnor forthwith. The matter has been listed for further consideration on 27 July. This case sets a significant precedent for the use of international law enforcement mechanisms in cross-border family court enforcement — an area where Indian courts have historically had limited reach.