The Central government has informed the Bombay High Court that it is awaiting response from the Pakistan government on the whereabouts of two minor children of film producer Mushtaq Nadiadwala, who he claims have been detained there by his Pakistani wife since 2020.
Pursuant to earlier HC order, the Ministry of External Affairs submitted a status report explaining that he have sought information from their counterpart in Pakistan and have even sent reminders, but have not received any response.
Petition filed by Nadiadwala seeking safe return of children
The report was submitted on Tuesday before a bench headed by Justice SB Shukre. The HC is hearing a petition filed by Nadiadwala seeking a direction to the government to facilitate the safe return of his two children, a 9-year-old son and a 6-year-old daughter, from Pakistan.
As per the status report submitted by Deputy Secretary, Overseas Indian Affairs, Amit Kumar Mishra, in September 2022 the Indian government, through its High Commission in Islamabad, requested the Ministry of Foreign Affairs, Government of the Islamic Republic of Pakistan, to provide immediate consular access to the two minor children of Nadiadwala. It also sought the Pakistan government to provide details of the children's whereabouts and the status of their visas and citizenship.
No response to the reminders
Two reminders were also sent in October 2022 and in February 2023, however, no response has been received from Pakistan, claims the report. “The response to the three notes issued by the High Commission of India (in) Islamabad has not been received from the Ministry of Foreign Affairs, Government of Pakistan, till date,” states.
Another reminder was sent to the Pakistan government on March 13, 2023 to provide immediate consular access to the two children of the petitioner and provide details of their passports, visas and if any application for change of citizenship had been submitted with Pakistan authorities.
The report adds that it is following up the matter with Pakistan. “The government of India through its High Commission in Islamabad is following up the matter with the Ministry of Foreign Affairs, Pakistan, for obtaining the details/whereabouts of the two minor children and will continue to pursue the matter with the Government of Pakistan,” adds the report. The high court has kept the matter for hearing on March 28.
Nadiadwala alleges children detained illegaly
Nadiadwala has alleged that his children have been illegally detained in Pakistan by his wife Maryam Chaudhary and her family. He claimed Maryam refused to return to India and also refused to provide any plausible reason for deserting him. The duo married in April 2012 in Pakistan after she moved to India and applied for Indian citizenship. The couple then had two children.
In November 2020, Maryam left India for Pakistan along with the two children. She filed a guardianship petition in Lahore in February 2021 seeking to be appointed as the lawful guardian of the two children which was accepted by the court there.
The film producer has alleged his wife might have been brainwashed or coerced to extend her stay in Pakistan.
