SC seeks personal appearance of US-based man for breach of order to pay son's tuition fees

New Delhi: The Supreme Court sought personal appearance of a man residing in the US to show cause as to why contempt proceedings should not be initiated against him for failing to comply with the orders to pay the tuition fees of his son.

The matter before the court arose out of a custody battle between an estranged couple over the son studying in the University of California at San Diego, US.

After hearing advocates P B Suresh and Vipin Nair on behalf of the mother and the son, a bench of Chief Justice of India D Y Chandrachud and Justices J B Pardiwala and Manoj Misra ordered the man to be present before the court on January 3, 2024.

The counsel also suggested the court to direct the government to pursue extradition proceedings, if the man failed to turn up before the bench.

In its proceedings on December 15, the court issued a notice to the man to show cause as to why he should not be proceeded against under the Contempt of Courts Act 1971.

"Despite sufficient opportunities, the first respondent (the man) has failed to comply with the solemn undertaking which was furnished to this court of paying for the tuition fees and living expenses of the son of the parties who is pursuing education in the University of California at San Diego, US," the bench said.

By the order of December 1, 2023, the first respondent was directed to pay the amount due on or before December 5, 2023, failing which he was to remain personally present before the court on December 8, 2023 to answer to the charge of being in breach of the orders, the bench noted.

The court posted the matter for consideration on January 3, 2024.

Additional Solicitor General Aishwarya Bhati, appearing for the Union government, submitted that the man is a holder of an Indian passport and, the Union of India will abide by such directions as may be issued in that regard to secure his presence.