A Kenyan man of Indian descent is on the radar of authorities in the Asian country after the Supreme Court made a landmark ruling against him.
The man, Perry Kansagra, was dragged to court by his estranged wife in 2012 and the two were embroiled in a sore divorce and custody case of their son.
On Monday, July 12, the Indian Supreme Court convicted the man for contempt of court and further directed the leading investigating agencies in India to secure the man's presence for awarding his sentence.
In its ruling, the Supreme Court stated that Kansagra defrauded the court in securing the custody of his son. In 2021, the man had allegedly used documents from the Kenyan High Court before the Supreme Court in India to secure the custody of his son.
The Indian Apex Court quashed its earlier verdict and initiated suo motu contempt proceedings.
“It is well settled that a person who makes a false statement before the Court and makes an attempt to deceive the Court, interferes with the administration of justice and is guilty of contempt of court,” the ruling published by the Times of India read in part.
“Though the instant proceedings can be taken to a logical conclusion and order of sentence can be awarded even in the absence of Perry, we give the final opportunity to Perry to present himself before this court on July 22, 2022, at 3.00 pm along with Aditya,” it added.
Kansagra fought a custody battle for his son with his estranged wife in Indian courts and gave undertakings that he would abide by the conditions set by the court.
He was given custody of the minor in 2020 by the top court but it emerged that he had given a forged or wrong “mirror order” from the Kenyan High Court.
The Supreme Court also heard that Kansagra had refused to follow the court's orders on visitation rights handed to the minor;'s mother.
He moved to the Kenyan court seeking a “declaration of invalidity of Indian jurisdiction and/or laws and/or judgments denying, violating and/or threatening to infringe the fundamental rights of the Minor through purported and unenforceable judgments and orders relating to the Minor under Articles 23(3) (d) of the Constitution of Kenya”.
The court revoked earlier orders granting Kansagra the custody of his son, declaring the decision illegal and "ab initio void”.
