In Brief
Smriti Madan Kansagra sought enforcement of the Supreme Court's order granting her vacation access to her minor son Aditya, who was in the custody of her estranged husband Perry Kansagra in Kenya. Perry had obtained custody through orders based on solemn undertakings to comply with Court directions, including obtaining a "mirror order" from Kenya. However, Perry later failed to facilitate visitation, suppressed a Kenyan court order dismissing his mirror order application, and filed proceedings in Kenya challenging the Indian Court's jurisdiction. The Supreme Court held that Perry obtained custody through fraud and misrepresentation, nullifying the element of trust. The Court recalled all orders granting custody, declared them illegal and void ab initio, dismissed Perry's guardianship petition, and directed the CBI to initiate criminal proceedings and the Ministry of External Affairs to assist in securing Aditya's return to India.
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