New Delhi: In a rare move, the Delhi High Court last week invoked international law enforcement for a UK-based Overseas Citizen of India (OCI), ordering the Central Bureau of Investigation to request the issuance of an Interpol Red Notice against him. The high court found that the man had deliberately concealed assets and refused to comply with Indian court orders to pay maintenance for his minor daughter.
The court was hearing a contempt petition by his former wife. Holding the man guilty under Contempt of Courts Act, 1971, the high court sentenced him in absentia to six months of simple imprisonment and asked him to pay Rs 2,000 fine.
A Red Corner Notice from Interpol is a request to law enforcement globally to locate and provisionally arrest a person pending extradition, surrender.
The CBI will also issue a “Diffusion” under Interpol rules for faster apprehension. Additionally, the Foreigners Regional Registration Office (FRRO) has been ordered to secure the man’s arrest immediately upon any attempt to enter India.
Such strict measures were necessary, the high court said, because allowing individuals to disregard judicial orders at their “sweet will” would lead to anarchy and the collapse of the rule of law.
The case
The man and woman married in New Delhi in 2005 as Indian citizens. The man eventually acquired citizenship of the United Kingdom (UK) and now holds an Overseas Citizenship of India card. The woman remains an Indian citizen. Their minor daughter, born in 2013, is in her mother’s exclusive care.
The mother and daughter have not visited the UK since July 2019, while the father has not visited India to meet them since January 2020, according to the court order.
Back in January 2022, the man stopped paying the monthly maintenance of Rs 1,40,000 that he was previously providing, as mandated by court. The woman filed a guardianship petition in April that year, seeking her daughter’s sole custody. However, despite multiple court orders, including a 2023 family court directive and a subsequent Division Bench order, the man failed to clear arrears or maintain regular payments.
In the maintenance proceedings, while the man pleaded “financial incapacity” and lack of funds, the woman provided extensive evidence suggesting a deliberate attempt to conceal wealth.
The high court noted that while their mediation was pending in India, the man surreptitiously filed for “voluntary” winding up of two of his UK companies, namely GSM Traders Limited and GSM Traders Property Company Limited.
The court also noted that one of these companies had assets exceeding £500,000 in 2020, and even after liquidation, a surplus of approximately £144,029 (converting to Rs 1.51 crore) remained, as of July 2023.
Furthermore, the petitioner discovered concealed bank accounts and substantial investments in cryptocurrency through ‘Binance’ that the man had not disclosed in his mandatory income affidavit.
Based on this, the wife filed a contempt petition before the high court in 2024 alleging “wilful disobedience and non-compliance” by the man. She also filed for divorce that year on the grounds of desertion and cruelty, and got a decree from the Saket court in November 2025.
‘Mockery of judicial process’
In November 2024, the man sent an email to his legal counsel, stating, “I am withdrawing from the jurisdiction of the Indian Courts, and I will no longer be participating in this case.” The court took a particularly dim view of his attempt to evade Indian law entirely.
Justice Sachin Datta characterised the conduct as an “affront to the Court” and “demonstrative of absolute disdain” for due process. He observed that the man had “tried to act over smart” by concealing income channels, and failing to appear for sentencing despite repeated opportunities.
The man’s conduct “leaves no manner of doubt that his disobedience is deliberate and calculated”, Justice Datta noted. “Despite repeated opportunities and indulgence, he has chosen not to comply with the directions of this Court.”
The judge added that his conduct demonstrates “complete disregard for judicial authority and warrants the invocation of this Court’s contempt jurisdiction”.
The matter is listed for further consideration on 27 July.
(Edited by Mannat Chugh)
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