Bombay HC will hear Mushtaq Nadiadwala’s plea in November For his children’s return from Pakistan

Bombay HC will hear Mushtaq Nadiadwala’s plea in November
For his children’s return from Pakistan

The Bombay High Court has determined to take up film producer Mushtaq Nadiadwala’s plea seeking the return of his children from Pakistan for a final hearing in November.

This comes following Nadiadwala’s lawyer, BN Chatterji, pointing out that there was a major legal issue on whether children could give consent to which country they wanted to live in.

Notedly, Nadiadwala’s wife is a Pakistani national and was staying with Mushtaq. But, she departed to Pakistan with her two children to see her family in the neighbouring country amid the Covid-19 lockdown but never returned.

She is said to have even 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.

In a new development, the Bombay High Court, albeit seeking a report on the children, asked Interpol to furnish a report on the wellbeing of the children.

However, the Central Bureau of Investigation (CBI) had apprised the court amid an earlier hearing that their counterparts in Pakistan had approached Nadiadwala’s estranged wife and children through Interpol and a yellow corner notice.

They submitted a report that the children were schooling and were happy living with their mother in Pakistan. It said that the children had consented to be with their mother.

With due reference to this claim of consent, as per Chatterji, the children were born in India, and are Indian citizen, issue is whether children can give consent to stay in another country.

In the midst of an earlier hearing of the petition filed by Nadiadwala, the court had issued a notice to his estranged wife. However, in spite of the notice, no lawyer appeared from her side.

During the hearing on Monday, when the bench asked if Nadiadwala was able to speak to his children and which school the children went to, Chatterji asserted that he manages to speak to them.

But, accorsing to Nadiadwala his wife’s mother, Farah Chaudhry, and brother, Ali Chaudhry, asked him for money every time he talks to his children.

He added that all they talked to him about was for money even though he was sending money for their expenses.

Chatterji said that Nadiadwala had offered to get the children admitted to the best schools in Dubai or anywhere else internationally.

Meanwhile In the court, advocate Ashish Chavan who represents the Ministry of External Affairs, they have have yet to get response from their counterparts in Pakistan – and have “reached a dead end”.

Whereas, as per Advocate Kuldeep Patil, appearing for the CBI, the children have consented to stay in Pakistan, and they are happy there.

News Edit K.V.Raman