How Did He Leave Without A Passport? SC Asks Home Ministry To Explain After Ex-Husband Involved In Custody Battle Flees To USA; Issues Non-Bailable Warrant

The Supreme Court has issued a non-bailable warrant against an ex-husband of the petitioner involved in litigation with the petitioner, including for custody of their child and who is facing contempt proceedings for failing to comply with a court-mandated custody order.

The warrant was issued after the Court was informed that the ex-husband had left for the United States, despite his passport being in the custody of the Court.

The Bench of Justice Sudhanshu Dhulia and Justice Prashant Kumar Mishra noted that despite being directed to remain present in all proceedings, the ex-husband was absent during the last hearing on January 22, 2025.

Senior Advocate Vikas Singh, appearing for the ex-husband, informed the Court that his client had departed for the USA, raising questions about how he managed to leave the country without a passport. Senior Advocate Vipin Sanghi appeared for the former wife. The Court appointed Additional Solicitor General KM Natraj to assist the Court on the issue of the man fleeing to the USA without a passport. 

The contempt case stems from a 2019 settlement before the Supreme Court, wherein the ex-husband had agreed to hand over custody of his 10-year-old son to his former wife. However, after failing to comply, contempt proceedings were initiated against him. Despite multiple court indulgences and opportunities, he refused to abide by the agreement, leading to framing of contempt charges on September 9, 2024.

Court's Observation

Expressing shock over his escape, the Court said, "We are amazed as to how can the alleged contemnor/respondent leave for USA or for that matter for any country without a passport, as his passport is in the custody of this Court."

"Be that as it may, now today we have no option but to issue non-bailable warrant against the alleged contemnor/respondentManish Chhokar. Non bailable warrant is hereby issued against the respondent, let the same be executed in accordance with law," the Bench added. 

The Court directed the Home Ministry to take all necessary steps to locate, arrest, and bring ex-husband to justice. ASG K.M. Nataraj has been tasked with investigating:

1. How the ex-husband manage to leave India without a passport?

2. Who facilitated his escape?

3. The role of officials or others in enabling his departure

The Court has also restricted all business transactions and property deals involving the ex-husband in India, making them subject to further judicial orders.

The matter is now listed for February 19, 2025, when the Court expects an update on the investigation.

"We also direct the Home Ministry to take every possible step under the law to arrest the respondent so that he is brought to justice. In this regard we request Shri K.M. Nataraj, ASG to assist this Court. Shri K.M. Nataraj shall apprise this Court as to how the respondent was permitted to leave this country without a passport and leave of this Court. With the assistance of Home Ministry, Govt. of India, he may also enquire and apprise this Court as to who assisted the respondent in escaping from the country and who are the officials and other persons involved in this. List on 19.02.2025. We also make it very clear that any business transactions, including any deal relating to his property in India during the contempt proceedings or hereinafter will be subject to the order of this Court," the Court said in its order dated January 29. 

Cause Title: Rajyashree Chhokar v. Manish Chhokar [CONMT.PET.(C) No. 533-534/2022 in Crl.A. No. 1607-1608/2019]

Appearance:-

Petitioner: Senior Advocate Vipin Sanghi, Advocates Satyajit A Desai, Pankaj Chaturvedi,  Siddharth Gautam, Abhinav K. Mutyalwar, Sachin Singh, Ananya Thapliyal, Anagha S. Desai (AOR), Preetraj R.dhok, Gaurav Agrawal (AOR)

Respondent: Senior Advocate Vikas Singh, Advocates Samir Malik, Tushar Mathur, Himani Yadav, Vinay Preet Singh,Mahip Singh, ASG Aishwariya Bahti, Advocate Mukesh Kumar Maroria (AOR), Senior Advocate Devashish Bharukha, Advocates Shradha Deshmukh, Ameyvikrama Thanvi, Navanjay Mahapatra, Jagdish Chandra Solanki, Raj Bahadur Yadav (AOR), Shradha Deshmukh, Ameyvikrama Thanvi, Prashant Singh Ii

Click here to read/download the Order