The Delhi High Court on Tuesday observed that kidnapping charge is attracted by a businessman who took away his daughter away from the country without the consent of the court or the daughter's mother as he only had visitation rights.
"The minor girl was taken out of India without the consent of this court, which is `some person' and is --legally authorised to consent on behalf of the child. Accordingly, Section 360 IPC is attracted," the court said.
A Bench of Justices Manmohan and Sangita Dhingra Sehgal said the respondent took the child out of this country in violation of clear orders of the learned predecessor division bench that gave custody to mother and visitation rights to father.
The bench said that it is the duty of the court and the state to recover the child from the kidnapper.
The bench said that it was of the opinion that the present case is not a private matter as the father has been convicted for the criminal contempt of court.
The court also said that the act of the father shocks the court's conscience and it qualifies as immoral.
"Father has changed minor's name and her citizenship, passport and religion in order to avoid complying with consensual orders passed by the predecessor bench of this court," the bench observed.
The court directed that a committee be formed which will take steps in accordance with law to produce the minor child before it and examine the suggestions put forward by Amicus Curiae.
Last month, the CBI has charge-sheeted the businessman, who had fled to the UAE with his toddler daughter amidst a custody battle.
( With inputs from ANI )