Custody case: Bombay HC asks city Cyber Cell to trace Italian man and his adopted Indian daughter

Though the custody was with the man, the wife was given regular access to meet the minor girl. But while the case was still in the High Court, the Italian guardian left India with the child, reportedly for his country, without any intimation.

The mother’s lawyer Rohaan Cama informed the court that they had tried calling the man on his old Italy phone number but could not contact him.
The Cyber Cell, said the court, could perhaps trace the man’s location through his emails. The court had in August issued a contempt notice and eventually the Ministry of External affairs got Interpol to issue a red corner notice against him. On Monday, Additional Solicitor General Anil Singh informed Justice V M Kanade and Justice Revati Mohite Dere that for issuing a yellow corner, the Ministry of Law and Justice would have to be added in the previous order.
The red corner notice is a “wanted notice”and is published in respect of offenders with a view to extradite them.

The yellow corner notice, on the other hand, aims to locate missing persons, especially minors.

Appearing as amicus curiae (friend of court), senior counsel Mihir Desai offered to find out a few NGOs in Italy that could possibly help the mother with legal aid.

The court suggested if the authorities here could provide financial assistance to the mother to travel to Italy.

The couple, both in their 50s, had been legally fighting the case in the High Court for the last two of years after the mother moved the HC.

She sought exclusive custody of the child and maintenance from her husband. The husband, claiming to be the better guardian, sought permanent custody of the child.

The child had been living with her Italian guardian in Pune since July 2011, when a family court passed an ex parte order in favour of the him.
aamir.khan@expressindia.com