Government Representatives Called Over Notice to Filmmaker’s Estranged Wife in Pak

The Bombay High Court asked that a representative from both the Home Ministry and the External Affairs Ministry appear in court, even through video conference, in order to assist in serving the notice to the estranged wife of Bollywood actor Mushtaq Nadiadwala in Pakistan.

The Bombay High Court has ordered that a representative from the Ministry of External Affairs (MEA) and the Ministry of Home Affairs (MHA) appear in person or virtually before the court in order to deliver the notice to Mushtaq Nadiadwala, the Bollywood filmmaker’s estranged wife in Pakistan.

Pakistani national Nadiadwala’s estranged wife was residing with him. However, she never went back to India after leaving with their two kids to visit her family in the neighboring nation during the lockdown brought on by COVID-19. It is purported that she went so far as to petition a Pakistani court to be named the children’s guardian.

After that, Nadiadwala went to the high court to ask for orders for the Indian government to bring his kids back to their homeland. The wife received a notice from the court on August 29, during the hearing of Nadiadwala’s petition, informing her that an attempt would be made to resolve the matter.
But the bench discovered that the notice sent “through the MHA has been returned back for want of certain documents and at least three months sufficient time for service” when the plea was called for hearing on November 28.

Advocate Kuldeep Patil, representing the CBI and Interpol, provided a copy of the Home Affairs Ministry’s guidelines for serving summonses related to criminal cases during the Friday hearing. Justices Revati Mohite-Dere and Justice Gauri Godse’s bench required some clarification, which Patil and MEA attorney Ashish Chavan failed to provide.
“We have consistently stated that this hearing is not adversarial, but it appears that you believe otherwise. The bench stated, “We cannot claim that there is a dead wall and nothing is occurring.

“Ask an MHA or MEA employee who can provide you with appropriate instructions. Alternatively, request their appearance via video conference. There must be a solution. The bench continued, “We want someone to be here and a solution to be found.
The bench persisted despite Chavan’s assurances that he would follow instructions on the next date. Then he clarified that not officials from both ministries, but only one member of the MHA could be present.

But the bench stated “You argue, but allow them to have a video conference. Given the amount of time that has already passed, we require a fix. Allow it to be both. A scenario where one says the other will do it is not what we want. This shouldn’t just be written down. It must be carried out to the end of logic. Since the kids are Indian, the matter needs to be investigated.”

Nandiadwala’s attorney, BM Chatterji, claimed that they had served the notice in private, but the bench insisted that the notice needed to be sent through the official channels.
The bench stated that the representatives from both ministries are required to appear before the court on December 8.

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