High Court of Karnataka

Krishna Prasad Ranganath v. The State of Karnataka and Ors.

MANU/KA/1034/2016

20.05.2016

Family

Desperate father misleading British court denied relief

A person having obtained a favourable order from a foreign court cannot claim its benefit if the same was obtained by defrauding that court.

The case involved a custody dispute for two children of the Petitioner-Husband and Respondent-Wife. He claimed that the family was resident in the United Kingdom. However, upon their return to India the Respondent and her family forcibly took away the children.

Before the High Court of Justice, Family Division in the UK Petitioner claimed that the minor children had been wrongfully taken out of jurisdiction and made various misrepresentations about the whereabouts of the Respondent and normal separation due to matrimonial disputes. On the basis of Petitioner’s false statements, the British court ordered Respondent to hand over custody of the children to Petitioner and let him bring them back to the UK.

Considering whether Petitioner could benefit from the fraud perpetrated on the British court, it noted simply that he not be allowed to take advantage of the order. It added that the court with most intimate contact and closest concert was best placed for determining the welfare and interest of the children. Since both parties were permanent resident in Mysuru, and the children were brought up in Indian culture and ethos, it was suitably placed to deny relief to the Petitioner.

Tags : family high court united kingdom fraud children welfare

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