Mumbai: The Bombay High Court will take up for final hearing a plea by film producer Mushtaq Nadiadwala seeking return of his children from Pakistan after his counsel pointed out that it involved a legal question whether the children could give consent to which country they wanted to live in.
A bench headed by Justice Revati Mohite-Dere was hearing a petition filed by Nadiadwala alleging that his estranged wife, who is a Pakistan national, went with their children to see her family in the neighbouring country during the Covid-19 lockdown but never came back.
She reportedly approached a court in Pakistan to be declared guardian of the two children. Nadiadwala has also filed various petitions in Mumbai as well as in Pakistan seeking custody of the children.
HC Sought Report For Children's Wellbeing
The HC had earlier asked the Interpol to furnish a report on the wellbeing of the children. The Central Bureau of Investigation (CBI) had told the court that their counterparts in Pakistan had approached Nadiadwala's estranged wife and children through Interpol and a yellow corner notice.
The agency submitted a report stating that the children were going to school and were happy living with their mother in Pakistan. It said that the children had consented to be with their mother.
CBI Advocate Kuldeep Patil said that the children have consented to stay in Pakistan and they are happy there.
The court had also issued a notice to Nadiadwala’s wife . However, she was not represented by any lawyer.
Nadiadwala's Mother-In-Law And Brother-In-Law Demanded For Money From Him
During the hearing on Monday, Nadiadwala’s counsel Beni Chatterji said that the children were born in India, and they are Indian citizens. The issue is whether the children can give consent to stay in another country.
The court queries whether Nadiadwala was able to speak to his children and which school they go to. Chatterji replied that he manages to speak to them.
The counsel also said that his estranged wife’s mother and brother ask for money everytime Nadiadwala calls. He clarified that the film producer regularly sends money for the children’s expenses. He’s even offered to get the children admitted to the best schools in Dubai or anywhere else internationally.
